'Wm^ 


m 


liii 


iilili 


QUESTIONS 


FOR   THE 


USE   OF   STUDENTS 


IN  THE 


JUNIOR  LAW  CLASS 


OF 


COLUMBIAN  UNIVERSITY. 


BY 


WALTER   S.  COX, 


PROFEflfiOR    IN  THE   LAW    DF.rAHTMENT  OF  COLUMBIAN   UNIVERSITY, 
WASHINGTON,    D.C. 


WASHFNriTON,  I).  C: 

W.    H.    MORRISON, 

I.AM'  rrBI.IMHF.K  AND   IIOOKRELI-ER. 
1891. 


Entered  according  to  Act  of  Congress,  in  the  year  1877, 

By  W.  H.  &  O.  H.  MORRISON, 

In  the  Office  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 

T      . 


PHILADELPHIA  : 
SHERMAN  A  CO.,   PRINTERS, 


L    . 


€^^i.La.^c^ 


J, 


"^  Mkff^^ 


756579 


BLACKSTONE. 

Section  III, 


INTRODUCTION. 

1.  What  is  municipal  law? 

2.  Into  what  two  branches  are  the  laws  of  England  divided  ? 

3.  What  is  embraced  by  the  unwritten  law  ? 

4.  What  is  the  common  law? 

o.  What  are  the  general  subjects  to  whicli  it  i-olates? 

6.  What  is  the  origin  of  the  common  law  ? 

7.  Where  is  the  common  law  to  be  found  ? 

8.  What  are  law  reports  ? 

0.  What  is  the  difference  between  the  records  of  judgments  and 
reports  ? 

10.  What  is  tlic  authority  of  text-books  ? 

11.  Wliat  are  the  earliest  law  rejjorts? 

12.  What  do  they  resemble  in  this  country? 
IH.   What  is  the  force  and  value  of  ])reced('nts  ? 

14.  \\'hatother  customary  law  is  there  besides  the  coninion  hiw  ? 
!•').  fiive  example  of  special  customs? 

16.  What  difference  between  those  nf  wliiili  the  courts  t;iki'  no- 

tice and  those  which  have  to  l>r  proved  ? 

17.  IIow  were  customs  of  the  city  of  I/ondon  proviil? 
is.   How  customs  generally  ? 

15).  What  profjf  is  necessary  to  estaltlish  ;i  Mnding  IocmI  cusloni? 

20.  Clan  it  prevail  against  an  express  stalntc? 

21.  What   is    necessary    to    make   a    binding  local    coniincni^il 

usage  ? 

22.  What  was  legal  memory  at  conimon  law? 


23.  Wliat  is  the  effect  of  a  jiulicial  decision  establishing  a  local 

custom  ? 

24.  What  otlier  branches  of  the  unwritten  law  are  there  besides 

the  ooninion  law? 
2.5.  What  is  the  civil  law  and  what  the  canon  law? 
20.   In  what  courts  do  they  prevail? 

27.  Iltnv  arc  they  parts  of  the  unwritten  law? 

28.  ^\'hat  authority  do  the  common  law  courts  exercise  over  the 

others  ? 

29.  What  is  the  written  law? 

80.  Can  an  English  court  i)ronounce  a  statute  void  ? 
31.   How  is  it  ill  this  country? 

82.  What  are  jtublic  and  what  arc  private  statutes? 
88.  What  the  difference  in  their  effect? 

84.  Who  are  bound  by  a  private  statute,  and  how  is  it  proved? 

85.  How  are  public  statutes  divided? 

86.  How  far  does  the  preamble  control  the  interpretation  ? 

37.  Wliat  is  stated  in  the  text  to  be  a  general  guide  in  the  inter- 

pretation ? 

38.  How  are  penal  statutes  to  ])c  construed,  and  give  example  ? 

39.  What  are  statutes  against  fraud,  and  remedial  statutes,  and 

how  do  they  differ  from  j^enal  ? 

40.  What  is  the  rule  as  to  the  different  parts  of  a  statute  ? 

41 .  How  if  there  be  a  saving  or  proviso  contradictory  to  the  body 

of  the  statute? 

42.  What  is  the  effect  of  a  statute  ])lainly  inconsistent  with  the 

common  law  or  a  previous  statute? 

43.  What  is  the  effect  of  repealing  a  statute  which  itself  repeals 

a  prior  statute  ? 

44.  Can  a  statute  be  good  which  binds  in  terms  subsequent  legis- 

latures or  parliaments  against  its  repeal? 
4o.  Wliat  is  the  difference  l)etween  such  and  legislative  grants, 
as  c.r/.,  exemptions  from  taxation  to  corporations? 

46.  How  are  statutes  on  the  same  subject  (m  pari  materia)  to  be 

construed  ? 

47.  If  a  statutory  offence  is  not  punished  while  the  statute  is  in 

force,  can  it  be  afterwards? 


48.  If  a  statute  inflicts  a  penalty  for  an  act  without  declaring  it 

unlawful  in  terms,  does  that  make  it  unlawful  ? 

49.  If  a  statute  creates  a  new  offence  and  prescribes  a  penalty, 

can  any  other  be  indicted  ? 

50.  Suppose  it  adds  a  new  penalty  to  one  existing  at  common 

law,  does  that  exclude  the  old  one  ? 

51.  What  is  the  force  of  a  statute  to  fix  the  interpretation  of  a 

former  one? 

52.  In  what  case  can  a  statute  act  retrospectively? 


BLACKSTONE. 

Book  I,  Chapter  I. 

1.  What  is  the  difference  between  al)Solute  and  relative  rights 

of  person  ? 

2.  What  between  rights  of  persons  and  rights  of  things? 

3.  What  are  called  the  absolute  rights  of  Englishmen  ? 

4.  What  does  the  right  to  personal  security  involve? 

5.  Is  this  recognized  in  an  unborn  chihl  ? 

6.  Is  an  injury  to  personal  securit}'^  from  mere  negligence  re- 

cognized as  an  actionable  wrong? 

7.  What  may  out;  do  in  defence  of  life  and  limb? 

8.  What  will  be  justified  by  mere  battery  or  threats? 
[).  What  are  offences  against  the  re])utation  ? 

10.  What   is   an    oflen(;(!    against    personal     libi'ity,   and    what 

amounts  to  false  imprisonment? 

1 1 .  What  is  duress,  and  what  its  effect  uponlxmds  and  contracts? 
rj.    What  are  the  relative  rights  f)f  father  and  husband  ? 

10.  What  causes  of  action  grow  out  of  a   negligent   injury  to  a 

minor  child  or  wife  ? 

11.  What  is  the  father's  remedy  for  the  scduclioii  of  a  minor 

child,  and  what  is  the  name  of  (he  action  ? 
I'l-    In  (tase  of  the  death  of  wife  m-  chiM  from  negligence,  what 
remedy  has  liusband  or  fatln  r? 


6 

16.  Has  the  child  or  wife  any  remedy  for  injuring,  disabling,  or 

killing  father  or  husband  ? 

17.  What  are  known  as  the  guarantees  of  the  rights  of  English- 

men ? 

18.  What  does  Magna  Charta  provide  as  to  personal  liberty  and 

as  to  the  rights  of  property  ? 

19.  What  is  there  analogous  to  it  in  our  laws? 

20.  What  was  the  next  important  public  act  ? 

21.  What  was  the  occasion  of  the  petition  of  right? 

22.  What  provision  in  it  was  engrafted  on  our  Constitution  ? 
28.  What  was  the  habeas  corpus  act,  and  what  did  it  provide  as 

to  personal  liberty  ? 

24.  What  was  the  declaration  of  rights  of  1688  ? 

25.  What  does  it  contain  in  common  with  our  Constitution  ? 

26.  What  was  the  last  of  the  guarantees,  and  what  does  it  con- 

tain that  is  followed  in  our  Constitution  ? 

27.  On  the  hearing  of  a  habeas  corpus,  what  is  inquired  into  find 

determined  ? 

28.  What  is  the  power  of  the  Federal  courts  to  issue  a  habeas 

corpus  where  a  party  is  imprisoned  under  process  of  a 
State  court? 

29.  What  is  the  right  of  eminent  domain,  and  how  is  it  exer- 

cised ? 

30.  How  far  must  the  compensation  required  by  the  Constitu- 

tion go?  does  it  extend  to  consequential  injury  ? 


.BLACKSTONE. 

Book  I,  Chapter  IX. 

1.  What  was  the  Sheriff,  anciently  ? 

2.  How  is  he  now  appointed  ? 

3.  How  was  he  formerly  elected  ? 

4.  How,  generally,  in  this  country  ? 

5.  What  were  the  Sheriff's  judicial  duties? 


6.  Has  he  any  such  in  this  country  ? 

7.  What  is  his  power  as  to  preservation  of  the  peace? 

8.  What  is  his  main  ministerial  duty  ? 

9.  In  inquisitions  of  damages,  what  are  his  duties  ? 

10.  What  was  the  ofKce  of  coroner? 

11.  What  are  his  duties? 

12.  What  are  his  duties  in  case  the  Sheriff  is  parly  to  a  suit? 

13.  Wliat  was  the  Justice  of  the  Peace  originally  ? 

14.  When  did  they  hegin  to  be  called  Justices? 

15.  What  are  his  duties,  and  when  ministerial  and  when  judicial? 

16.  In  what  case  is  he  liable  to  action  ? 

17.  What  is  the  general  jurisdiction  of  Justices  in  this  country? 

18.  What  is  the  Constable,  and  what  his  duties  ? 


B  L  A  C  K  S  T  O  N  E. 

Book  I,  Chapter  X. 

1.  What  is  allegiance,  natural  and  local? 

2.  Can  natural  allegiance  be  renounced  by  the  law  of  England  ? 

3.  How  in  tliis  country? 

4.  Can  a  subject  or  a  citizen  acipiire  a  foreign  character,  and 

for  wliat  i)ur])Ose? 

5.  What  jieriod  in  our  history  fixes  the  nationality  of  American 

citizens? 
G.  What  are  the  disabilities  of  aliens  as  to  projjerty  ? 

7.  Can  a  native-born  subject    or    citizen  inherit  through    an 

alien? 

8.  How  if  two  l>rotliers  are  ntilives,  but  the  father  an  alien;  can 

one  brother  inherit  from  the  other? 

9.  Can  ;in  idien  ;ie(|uire  ;iiid  hold  Kinds? 

10.  Wii:it  lieeomes  of  tlum  ? 

11.  Ill  case  of  the  death  of  an  alien  before  ollice  founil,  what  be- 

comes <»f  the  land  ? 

12.  What  if  the  alien  convey  it  away? 


8 

13.  What  can  an  alien  mercliant  do? 

14.  Can  an  alien  acquire  and  dispose  of  personal  property  ? 

15.  Can  he  take  a  mortgage? 

16.  Could  he  buy  in  at  a  sale  under  the  mortgage  and  hold  ? 
17;  Can  he  bequeath  his  property  ? 

18.  What  becomes  of  it  in  case  of  intestacy  ? 

19.  How  is  the  alien's  disability  removed? 

20.  What  is  a  denizen,  and  how  must  one  be  naturalized  ? 


BLACKSTONE. 

Book  I,  Chapter  XIV. 


■■) 


1.  What  was  the  effect  of  a  general  hiring  at  common  law? 

2.  What  is  now  considered  the  effect? 

3.  Is  any  warning  necessary  to  terminate  the  relation  ? 

4.  If  the  servant  leave  in  the  middle  of  the  month  or  quit  with- 

out cause,  what  can  he  claim  ? 

5.  How  if  he  is  dismissed  without  cause  ? 

6.  How  if  he  leaves  for  good  cause  ? 

7.  How  if  he  is  dismissed  for  good  cause  ? 

8.  How  if  the  contract  is  terminated  by  mutual  consent  ? 

9.  When  the  contract  is  for  a  certain  time,  what  is  the  rule? 

10.  If  wrongfully  discharged,  can  he  sue  at  once,  or  must  he  wait 

until  the  term  has  expired  ? 

11.  Is  the  master  bound  to  provide  medical  attendance  for  do- 

mestic servants  ? 

12.  Is  he  bound  to  give  his  servants  a  character? 

13.  Are  disparaging  characters  to  servants  actionable  libels? 

14.  What  may  a  master  do  for  a  servant  and  not  for  a  stranger? 

15.  How  far  is  a  master  bound  by  contracts  made  by  a  servant 

in  his  name? 

16.  How  if  I  deal  with  a  tradesman  for  ready  money  and  he 

furnishes  goods  to  tiie  servant  on  my  credit  ? 

17.  If  I  sometimes  send  cash  and  sometimes  not? 


18.  What  is  the  master's  responsibility  for  torts  of  the  servant? 

19.  If  I  emplo}'  a  man  to  repair  my  house,  is  he  a  servant  for 

whose  negligence  I  am  responsible  ? 

20.  How  as  to  sub-contractors  and  sub-servants  ? 

21.  Is  the  master  liable  to  one  servant  for  injuries  from  neglect 

of  another  ? 

22.  What  is  the  tendency  of  modern  decisions  on  this  subject? 


Chapter  XV. 

1.  What  is  marriage  in  the  view  of  the  common  law? 

2.  What  is  the  first  requisite  to  a  valid  marriage  ? 

3.  How  many  kinds  of  disai)ilities  are  there  ? 

4.  What  are  canonical  (lisal)ilities,  and  what  their  effect? 
T).  What  are  the  civil  disabilities? 

6.  At  what  age  may  a  man  and  woman  respectively  marry? 

7.  What  right  has  one  marrying  under  age  when  he  or  she 

arrives  at  majority? 

8.  What  right  of  disattirmance  has   the  one  who  married  at 

proper  age  ? 

9.  How  is  this  an  exception  to  general  rules? 

10.  How  does  want  of  r(;ason  affect  the  marriage? 

1 1.  What  form  of  contract  is  sufficient  for  a  valid  marriage? 

12.  By  the  law  of  what  place  is  the  validity  of  the  marriage 

determined? 

13.  How  if  parties  go  there  to  evade  the  law  of  their  domicil? 

14.  How  is  marriage  dissolved? 

15.  How  many  kinds  of  (livor<;e  are  there? 
10.  What  was  tluj  effect  of  a  divorce  a  vinculo? 

17.  For  what  causes  was  it  granted  ? 

18.  Divorces  a  mrnsa  el  Ihoro,  for  what  causes? 
19  What  is  alimony? 

20.  liy  what   law,  in   this  country,  is  the   validity  of  :i  divorce 

determined? 

21.  What  is  the  e(f(!(t  of  marriage  on  contracts  before  marriage, 

between  huHband  and  wife? 


10 

22.  What  on  her  power  to  contract  with  others  or  to  contract 

with  her  husband,  and  their  power  to  convey  to  each 
other,  to  testify  for  or  atrainst  eacli  otlier? 

23.  What  is  the  etfect  of  the  l\usl)aud's  outlawry? 

24.  Of  his  abandonment  of  the  wife? 

25.  What  rights  does  he  acquire  as  to  her  personal  chattels  ? 

26.  How  where  she  holds  as  joint  tenant  with  another? 

27.  How  as  to  her  paraphernalia? 

28.  What  property  does  he  acquire  as  to  her  choses  in  action  ? 

29.  How  if  he  dies  before  reducing  them  to  possession  ? 

30.  How  if  he  survive  her? 

31.  How  if  he  then  dies? 

32.  What  acts  amount  to  a  reduction  to  possession  ? 

33.  How  of  transfer  of  stock  ? 

34.  How  of  indorsement  of  note  for  value  ? 

35.  How  of  voluntary  assignment  in  bankruptcy? 

36.  What  is  the  wife's  survivorship? 

37.  What  are  equitable  choses  in  action,  and  what  power  has  the 

husband  over  them  ? 

38.  Suppose  he  has  to  resort  to  a  Court  of  Equity  to  get  them 

into  possession,  what  is  the  practice  of  the  Court  in  such 
cases  ? 

39.  What  proportion  is  settled  to  the  wife's  use? 

40.  What  is  this  right  of  the  wife  called  ? 

41.  Suppose  the  husband  makes  an  assignment  of  the  wife's  equit- 

able choses  in  action,  which  does  not,  of  itself,  amount  to 
a  reduction  to  possession,  what  are  the  wife's  rights  ? 

42.  Suppose  the  husband  dies  after  the  assignment,  what  is  the 

result  ? 

43.  How  in  case  of  assignment  of  the  wife's  reversionary  interest 

in  stocks  ? 

44.  What  interest  does  a  husband  acquire  in  the  wife's  chattels 

real  ? 

45.  Can  he  bequeath  them  ? 

46.  Can  he  sell  and  convey  them  ? 

47.  Are  they  liable  for  his  debts  ? 

48.  If  he  grant  a  rent  charge  out  of  them,  will  it  survive  him  ? 


11 

49.  What  interest  does  he  acquire  in  his  wife's  freehold  estates? 

50.  Suppose  she  be  tenant  pur  autre  vie  and  dies  before  the  ceshd 

que  vie,  what  has  the  husband  ? 

51.  What  interest  does  he  acquire  in  her  fee-simple  estates? 

52.  Can  the  husband's  interest   in    the  wife's  estate  be  levied 

upon  ? 

53.  What  power  of  disposition   has   the  wife  over  hqr  estate, 

personal  and  real? 

54.  AVliat  is  the  usual  form  now  of  settling  property  on  a  married 

woman  ? 
55    What  is  its  effect? 

56.  What  are  clauses  against  anticipation  in  sucli  settlements? 

57.  How  can  her  separate  estate  be  mad»^  linMc  for  \\('v  debts  ? 

58.  What   is    the   force   of  ante-nuptial   agreements   to    settle 

property  on  the  wife  ? 

59.  Are  such  agreements  good  against  creditors  ? 

60.  What  post-nuptial  agreements  can  be  made  ? 

61.  Suppose  a  wife  to  join  in  a  deed  with  her  husband,  to  convey 

her  title,  which  contiiins  covenants,  is  she  bound  by  them  ? 

62.  Can  she  execute  a  bond  or  contract  to  convey  ? 

63.  \Vhat  interest  does  a  wife  acquire  in  her  husband's  personal 

estate  ? 

64.  What  in  his  real? 

65.  In  what  j)roperty  does  she  aequu'e  dower? 

66.  How  if  iiusband  alien  witliout  lier  concurrence? 

67.  What  are  deeds  of  separation,  :ind  what  the  usual  form  ? 

68.  What  effect  have  they  on  the  wife's  control  of  h.i-  property  ? 

69.  What  are  the  husl)and's  lial)ilities  for  his  wife? 

70.  What  effect  has  his  death  on  his  li.ilMlily? 

71.  What  effect  has  her  death  ? 

72.  How  as  t<t  her  choses  in  action  not  reduced  in  lu-r  lifetime? 

73.  What  del)ts  is  he  lial)le  for.  contracted  during  marriage? 

74.  Suppose  the  husband    lo   foil. id    lr:nle.<nien   to  sii|.|ily  his 

wife,  what  can  I  Im'  l.ittei-  do  ? 

75.  If  the  husbaml,  in  fact,  supply  neces.saries,  can  a  tradesman 

recover  for  :irti(des  furnished  necessary  in  i|U:ilily? 


12 

76.  If  the  wife  is  forced  to  leave  her  husband,  what  authority 

does  she  carry  with  her  ? 

77.  What  precautions  must  a  tradesman  take  in  dealing  with 

her  ? 

78.  How  as  to  allowances  paid  and  not  paid  ? 

79.  What  is  his  liability  for  her  torts  ? 

80.  What  for  fraudulent  contracts,  false  representations,  etc.  ? 


BLACKSTONE. 

Chapters  XVI,  XVII. 

1.  What  is  the  father's  common  law  obligation  to  maintain  an 

infant  child  ? 

2.  Is  there  a  difference,  and  if  so,  Avhat,  between  a  father's  and 

a  husband's  liability  ? 

3.  If  a  child  resides  with  its  father,  has  a  tradesman  any  right 

to  supply  the  child  necessaries  on  the  father's  credit? 

4.  Who  determines  what  are  necessaries  ? 

5.  If  the  child  has  left  the  father,  what  would  be  the  presump- 

tion of  authority  to  the  child  to  procure  necessaries? 

6.  If  the  child  were  driven  away,  how  ? 

7.  What  is  the  parents'  duty  as  to  education  ? 

8.  Does  the  child's  own  fortune  make  any  difference  at  common 

law? 

9.  How  is  it  in  Courts  of  Equity  ? 

10.  Is  the  mother  under  any  obligation  to  support  the  child? 

11.  What  is  the  parents'  right  as  to  the  services  of  the  cbild  ? 

12.  How  if  the  child  be  allowed  to  go  with  the  mother  in  case  of 

separation  ? 

13.  How  if  allowed  to  go  and  work  for  himself? 

14.  What  right  of   action  may  parents  have  founded  on  this 

right  ? 

15.  In  what  sense  is  a  parent  guardian  ? 

16.  Does  it  give  him  any  control  over  the  property  of  his  chil- 

dren? 


13 

17.  What  may  he  do  in  defence  of  his  children  ? 

18.  When  do  his  authority  and  liability  for  them  cease? 

19.  What  is  a  bastard  ? 

20.  What  effect  had  subsequent  marriage  on  the  legitimacy  of  a 

Ijastard  ? 

21.  What  were  the  disabilities  of  a  bastard? 

22.  Could  he  inherit  from  his  known  mother? 

23.  Could  he  from  his  brother  who  was  a  bastard? 

24.  Could  a  bastard's  children  inherit  from  his  father  ? 

25.  Could  they  inherit  from  himf 

Chapter  XVII. 

1.  How  many  kinds  of  guardianship  were    there,  and  what 

called? 

2.  Who  were  guardians  by  nature  and  nurture? 

3.  Guardiansliii)  in  socage,  was  what? 

4.  What  were  testamentary  guardians,  and  l)y  what  law  au- 

thorized ? 

5.  To  what  age  does  this  guardianship  continue  ? 

6.  Is  a  female  infant's  guardianship  terminated  by  lier  mar- 

riage? 

7.  Would  any  guardian  })e  appointed  anew  for  her? 

8.  Does  the  guardian  acijuire  any  estate  in  tlie  ward's  property  ? 

9.  Can  the  guardianship  ])e  assigned  ? 

10.  Can  the  guardian  make  any  profit  out  of  the  estate  of  the 

ward  ? 
]  1.   What  are  the  capacities  of  infants  at  different  ages? 
12.  How  must  an  infant  sue? 
l.'l  What  is  his  legal  capacity  for  criminal  offences? 

14.  Can  he  be  chargc^d  with  negligence? 

15.  C'an  he  execute  deeds  or  bonds,  or  bills  of  exchange,  or  nego- 

tiable notes  ? 

16.  Can  he  act  as  trustee? 

17.  What  contracts  iii;iv  hf  make? 


14 


BLACKSTONE. 

Chapter  XVIII. 

1.  How  are  corporations  divided  first? 

2.  Wliat  is  a  sole  and  wliat  an  aggregate  corporation  ? 

3.  What  arc  tlie  advantages  of  a  corporation  over  a  mere  part- 

nershi])  or  voluntary  association? 

4.  How  are  aggregate  corporations  divided  generally  ? 

5.  How  lay  corporations  ? 

6.  What  are  eleemosynary  corporations? 

7.  If  all  its  members  are  ecclesiastics,  can  it  be  a  lay  corpora- 

tion ? 

8.  How  are  civil  corporations  divided  ? 

9.  What  are  public  corporations  ? 

10.  What  are  canal  and  railroad  corporations? 

1 1 .  Can  a  corporation  be  created  by  agreement  between  a  number 

of  individuals? 

12.  How  are  they  created  ? 

13.  ^^'hat  neAv  mode  of  creating  them  is  there  in  this  country  ? 

14.  What  is  the  first  essential  to  their  existence  ? 

15.  In  what  form  of  Avords  are  they  created  at  common  law? 

16.  What  is  the  mode  of  proceeding  in  this  country  ? 

17.  What  is  meant  by  the  capital  stock? 

18.  WHiat  is  a  share  of  the  capital  stock  in  the  hands  of  the  in- 

dividual member? 

19.  What  kind  of  property  is  it,  personal  or  real  ? 

20.  What  are  said  to  be  the  incidents  of  a  corporation  ? 

21.  What  is  the  meaning  of  having  perpetual  succession? 

22.  How,  at  common  law,  was  the  succession  kept  up? 

23.  What  were  the  rights  of  members  as  to  election  and  a  mo- 

tion ? 

24.  What  is  the  difterencc  in  modern  business  corporations? 

25.  What  words  are  necessary  to  the  conveyance  of  a  fee  simple 

to  a  corporation  ? 

26.  Of  what  acts  is  a  corporation  incapable  ? 

27.  Can  it  commit  a  tort  and  be  indicted  ? 


15 

28.  Can  it  act  without  a  head  ? 

29.  Can  it  receive  property  without  a  head  ? 

30.  How  does  it  execute  deeds  ? 

31.  How  does  it  acknowledge  deeds  of  lands? 

32.  What  formality  is  now  considered  necessary  in  the  making 

of  contracts,  and  what  was  the  ancient  rule  ? 

33.  What  is  the  rule  as  to  voting,  and  what  kind  of  voting  will 

legally  control  the  action  of  the  corporation  ? 

34.  What  is  the  distinction  between  officers  dejure  and  de  facto  f 

35.  What  is  the  general  })0wer  of  corporations  with  reference  to 

things  not  forbidden? 

36.  Can  it  avoid  its  own  act  as  in  excess  of  its  poAvers  ? 

37.  How  are  suits  brought  by  and  against  corporations? 

38.  What  power  has  a  corporation  out  of  the  State  in  which  it 

was  created  ? 

39.  Can  it  be  sued  elsewhere,  at  common  law? 

4(1.   Wliat  is  the  general  condition  of  the  statute  law  on  this 
subject  in  this  country  ? 

41.  In  what  cases  could  corporations  sue  and  be  sued  in  the 

Federal  courts? 

42.  What  is  the  rule  now  ? 

43.  What  were  the  statutes  of  Mortmain,  and  at  what  were  they 

aimed  V 

44.  Have  they  ])een  generally  re-enacted  in  this  country? 

45.  C'ould  corporations  take  as  devisees? 

4B.  What  was  the  visitation  of  corporations  ? 

47.  Who  was  visitor  of  ecclesiastical  corporations? 

48.  \N'Ik)  of  eleemosynary  coi  poiations? 

49.  What  was  tb<'  powrr  ol'a  visitoi? 

50.  Can  this  ptnver  be  delegated,  and  liow  is  it  done? 

51.  What  was  the  decision  of  the  Supreme  (!onrt  in  the  case  of 

Dartmouth  College  /.s.  Woodward,  I  Wheat.  51S? 

52.  Are  civil  corporations  subject  to  visitation? 

53.  Mow  are  they  restraincil  within  thiir  |i1()|m  r  s|ihere? 
51.    How  are  iiiunii'ip.'il  c(ii|)iiiations  all'ecled  l)v  hgishition? 

55.  ('an  a  private  corporation  he  dissolved  l>y  act  of  h^gislature? 

56.  How  can  it  be? 


16 

57.  What  are  the  two  kinds  of  proceedings  against  a  corporation 

to  declare  it  unlawful  and  dissolved  ? 

58.  What  is  the  difference  between  them,  and  what  the  judgment 

in  the  two  cases  ? 
o9.   In  whose  name  must  such  j)roceedings  be  instituted? 

60.  Can  its  forfeiture  of  charter  be  taken  advantage  of  collat- 

erally ? 

61.  Can  it  forfeit  property,  or  any  of  its  privileges,  unless  that 

be  adjudged  directly? 

62.  What  were  the  common  law  consequences  of  dissolution  as 

to  property  ?     How  is  it  noAV  ? 

63.  Can  a  corporation,  holding  property,  convey  it  in  fee  simple, 

so  that  its  reverter  to  the  original  owner,  on  its  dissolu- 
tion, would  be  prevented  ? 


BLACK  STONE. 

Book  II,  Chapters  I,  II,  and  III. 

3  Kent,  Led.  52. 

1.  What  is  real  property  ? 

2.  What  is  embraced  by  the  term  "  land  ?  " 

3.  What  by  "tenement?" 

4.  How  are  hereditaments  divided? 

5.  What  is  the  maxim  as  to  the  extent  of  ownership  of  land  ? 

6.  What  passes  by  a  grant  of  it? 

7.  What  are  the  incorporeal  hereditaments  ? 

8.  Which  of  them  do  not  exist  in  this  country  ? 

9.  What  is  the  definition  of  an  easement  ? 

10.  What  is  the  difference  between  an  easement  in  gross  and 

appurtenant  ? 

11.  What  are  the  two  estates  called  affected  by  the  easement? 

12.  What  was  the  common  law  division  of  commons? 

13.  What  the  effect  if  the  tenant  bought  part  of  the  common 

land  ? 


17 

14.  Common  appurtenant  was  what? 

15.  Common  of  vicinage,  what? 

16.  Common  of  piscary  was  what? 

17.  What  rights  at  common   law  had  owners  of  l.iml  bordering 

on  rivers? 

18.  Free  fishery  was  what? 

19.  Several  fishery  ? 

20.  Is  there  a  common  law  right  in  any  one  to  liaid  tlie  seine  on 

the  land  of  any  one  on  a  river? 

21.  Is  there  a  right  to  tow  boats  along  the  river  shore? 

22.  What  is  a  way  ? 

23.  How  does  it  arise  ? 

24.  What  is  a  way  in  gross? 

25.  Can  it  be  assigned  or  transmitted  to  heirs? 

26.  How  does  it  differ  from  a  common  in  gross? 

27.  A  way  of  necessity  is  what  ? 

28.  Suppose  a  trustee  sells  land  to  which  tliere  is  access  only 

over  his  own  land  ;  does  a  way  of  necessity  arise? 

29.  If  a  man  sells  all  his  own  land  except  a  ])art  in  the  centre 

does  he  have  a  way  of  necessity  over  it? 

30.  How  is  a  right  of  way  extinguished? 

31.  What  is  a  public  way  of  necessity? 

32.  Does  the  same  rule  ai)i)ly  to  ])rivate  ways? 

'-]'k   When  a  river  or  other  natural  ol)iect  is  called  fny  ;is  the 
boundary  of  land,  to  what  j)oint  does  the  land  extend  ? 

34.  If  land  be  gradually  washed  from  one  side  to  the  other  of  a 

river,  to  whom  does  it  belong? 

35.  If  violently,  to  whom? 

36.  Between  low  and  high  tide-water  marl<.  to  whom  dots  the 

land  l)elong? 

37.  lielow  tide-watc-r,  what  is  tiie    Itouiidary  of  land   calling  for 

th(;  river? 

38.  How  of  a  grant  of  land  bnundi'd    by  llir  higiiuay? 

39.  Wlii'ii  ;i  pnlilic  mad  is  condemned  tliroiigli  private  pro|)('rty, 

wiiat   is  t:d<i'n  ? 
10.   Til  wlmni  does  timber  in  the  lii;:bway  belong? 


18 

41.  What  riirht  have  adjoining  proprietors  over  a  party  wall? 
i±  \\'h;it  lightvs  liave  parties  in  streams  running  through  their 

properties? 
48.  What  length  of  enjoyment  gives  title  to  an  easement,  in  this 

eountry  ? 

44.  How  may  it  be  lost? 

!."».   Was  (here  any  common  law  obligation  to  fence  lands? 
4(i.   Was  it  trespass  for  one's  cattle  to  stray  into  unfenced  lands? 
47.  What  right  have  1  to  open  a  window  looking  over  my  neigh- 
lior's  land  ? 

45.  What  remedy  has  he? 

4".l   What  was  the  P]nglish  doctrine  of  ancient  lights? 

.")().  What  is  the  law  in  this  country  ? 

.")!.  Ht)\v  is  an  easement  acquired  by  dedication? 

52.  What  is  a  license? 

oo.  What  kind  of  interest  does  it  give? 

o4.  in  what  cases  is  it  irrevocable? 

55.  In  what  case  is  rent  an  incorporeal  hereditament? 

56.  If  I  lease  for  years,  is  the  rent  such? 

57.  What  were  the  different  kinds  of  rents  V 
o8.   What  was  the  rent  charge  ? 

59.  How  must  it  be  created  ? 

GO.  For  liow-  long  a  term  may  one  grant  a  rent? 

61  How  have  they  been  used  to  evade  the  usury  laws? 

62.  Are  they  within  the  statute  of  uses  f 

63.  If  an  estate  be  to  A,  to  the  use  thai  B  might  receive  a  rent  for  the 

use  of  C,  what  estates  had  they  f 

64.  //"  a  rent  charge,  held  by  one  for  his  life,  be  granted  away  to  an- 

other without  naming  his  heirs,  and  the  grantee  dies,  lohat  be- 
comes of  the  rent  f 

<'.5.  How  are  ground  rents  or  charges  generally  created  in  this 
country  ? 

6(J.  How  were  rent  charges  extinguished? 

67.  What  was  the  effect  of  entry  into  part  of  the  land,  or  recov- 

ery by  title  paramount? 

68.  H  a-s  rent  the  subject  of  tenure  ? 

69.  Could  it  be  held  of  another  and  escheat  / 


19 


70.  What  is  the  nature  of  rent  on  long  leasee  in  this  country? 

71.  Is  it  a  hereditament? 

72.  "What  are  ground  rents? 


BLACKSTONE. 

Book  II,  Chapters  IV,  V,  and  VI. 

3  Kent,  Led.  53. 

1.  On  the  introduction  of  feuds,  what  was  understood  by  fealty  ? 

2.  Of  whom  is  all  land  supposed  to  be  held  in  England  ? 

3.  What  was  doing  homage? 

4.  What  was  the  Court  Baron  ? 

5.  What  were  the  pares  curise. 

fi.   For  what  term  or  estate  were  feuds  first  granted? 

7.  What  was  tlie  motive  or  consideration  of  the  grant? 

8.  What  were  the  restrictions  on  the  early  grants? 
i).   What  was  meant  by  the  term  tenure? 

111.   Wliat  were  the  general  divisions  of  ancient  tenures? 

1 1.  What  was  the  most  important  of  tenures  l)y  uncertain  ser- 

vice ? 

12.  What  were  the  obligations  of  tlic  tenure  by  Knight  service? 
V.\.   What  were   its  incidents,  and  what  were  aids,  reliefs,  and 

primer  seisin,  wardship,  marriage,   lines   for  alienation 

and  escheat? 
II.   Wli.it  u ere  escuages  ? 

ir,.   \\  li;it  was  enacted  by  tlic  Stat.  !2  Chas.  11  V 
lU.    What  were  socage  tenures,  and  what  their  division  ? 
17.   What  is  an  exami)le  of  base,  uncertain  siU'vice  ? 
IS.   What  were  villeins  and  their  disiibilities? 

19.  What  was  a  manor? 

20.  What  was  the  origin  of  copyhold  estates? 

21.  Wh;it  \v;is  tlie  (!videnc(!  ol"  title  (iTn  copyholder? 

22.  What  was  the  difference  between  copyholder  ,iiul  freeholder? 
2:3.  How  ilid  the  base  services  of  pure  villeinage  diaappeur? 


20 

24.  What  evils  grew  out  of  the  subinfeudations  and  the  granting 

of  manors  by  the  Lords? 
2.^.  How  was  it  corrected,  and  what  were  the  enactments  of  the 

^U\i.  Quid  l'^mptor(S,2^Kd\vA.? 
2i\.  Can  th(a-e  be  any  new  manors  since  tliat  statute,  and  why 

not? 

27.  What  are  allodial  lands? 

28.  What  is  the  tenure  in  this  country  ? 

29.  What  is  the  relation  of  land-owners  to  the  State? 

30.  What  is  escheat  in  this  country? 


BLACKSTONE. 

Book  II,  Chapter  VII. 
4  Kent,  Led.  54. 

1.  What  is  the  highest  estate  in  land  that  a  subject  can  have  ? 

2.  What  is  the  original  meaning  of  the  term  Jee? 

8.  What  does  the  term  freehold  comprehend? 

t.  What  formality  accompanied  the  grant  of  a  feud  for  life? 

o.  What  was  it  called,  later? 

P).  What  were  the  objects  of  this  formality? 

7.  What  was  the  efftcacy  of  livery  of  seisin? 

<S.  What  is  a  fee-simple  estate? 

9.  Must  the  fee  always  be  represented  by  some  one  ? 

10.  What  words  are  necessary  to  make  a  fee  ? 

11.  Will  heir,  or  to  one  or  his  heirs,  suffice? 

12.  Will  a  conveyance  to  one  and  his  assigns,  or  to  one  forever, 

do? 
i'4.  How  of  a  grant  to  one  and  his  children  forever? 
14.  How  of  a  grant  to  one  and  his  heirs  for  the  life  of  another? 
1.').   What  exceptions  to  the  rule? 

16.  What  expressions  will  suffice  in  a  will? 

17.  What  is  the  principle  attribute  of  a  fee-simple  estate? 
1^.  Hc'.v  of  conditions  restricting  control  ? 


21 

19.  As  to  alienation,  enjoyment,  waste,  dower,  etc.  ? 

20.  Can  the  owner  restrain  his  own  power  of  alienation  ? 

21.  Alienation  is  of  how  many  kinds? 

22.  Can  tlie  owner  protect  the  estate  against  involuntary  aliena- 

tion by  creditors. 

23.  How  can  improvidence  be  provided  against  ? 

24.  Can  a  man  settle  his  own  property  in  this  way  ? 

25.  What  class  of  people  are  an  exception  to  the  rule  ? 

26.  \Vhat  are  exam}>les  of  qualified  or  base  fees? 

27.  What  is  the  ilifii'erence  between  these  and  an  estate  to  one  and 

his  heirs  for  the  life  of  another  ? 

28.  What  power  of  disposition  has  the  owner  over  a  base  fee  ? 

29.  \\niat  was  the  conditional  fee  at  common  law  ? 

30.  What  the  construction  of  the  courts  as  to  heirs  of  the  body? 

31.  What  the  effect  of  birth  of  issue  ? 

32.  Wliat  tlie  course  of  descent,  if  donee  did  not  alien? 

33.  What  was  the  statue  de  donisf 

34.  What  its  effect  on  conditional  fees  ? 

35.  On  the  estate  of  the  donor  in  reversion  ? 

36.  What  kind  of  an  estate  was  an  entail  ?  , 

37.  How  many  kinds  of  estates  tail  ? 

38.  If  tenant  in  tail   male  has  a  grandson   descended   from   a 

daughter,  can  he  inlierit? 

39.  If  tenant  has  estates  in  tail  male  and  tail  lemalf,  wliich  can 

a  daughter's  son  inherit? 

40.  What  words  are  necessary  to  nuike  an  estate  tail  ? 

41.  What  passes  by  deed  to  one  and  Ins  issue? 

42.  What  was  a  gift  in  frank-marriage? 

43.  If  it  be  to  husl)and  and  wife  and  the  lieirs  of  his  ])ody  begotten 

on  his  wife,  wiiat  estate  {massed  ? 

44.  If  to  husliand  and  wife  and  th<!  heirs  of  their  bodies,  what  ? 

45.  Ifow,  if  it  l)e  a  man  and  woman  not  married? 

46.  To  a  man  and  the  wil'r  of  another  man  ? 

47.  If  to  two  huHl)an(ls  and  their  wives  ? 

48.  What  is  a  gift  t<»  one  .ind  hi-^  heirs  male,  or  female? 

49.  What  were  the  incidents  of  an  estate  tail? 

50.  What  were  the  evils  of  entails  ? 


22 

')1.  How  were  they  remedied? 

52.  What  is  the  substitute  tor  entails  in  England  and  what  in 
this  country? 


BLACKSTONE. 

Book  11,  Chapter  VIII. 
4  Kent,  Led.  55. 

1.  What  was  the  earliest  of  the  freehold  estates? 

2.  What  was  the  position  of  a  tenant  for  life  ?  • 

3.  How  is  the  estate  created  ? 

4.  If  a  grant  be  to  one  generally,  is  it  for  his  or  grantor's  life  ? 

5.  Can  one  life  estate  be  carved  out  of  another,  and  how  ? 

6.  Suppose  life  tenant  grant  to  remainderman  for  his  life,  what 

is  the  etfect  ? 

7.  Is  it  a  surrender? 

8.  What  are  the  incidents  of  a  life  estate,  as  to  waste,  estovers, 

etc.  ? 

9.  If  the  tenant  dies  before  harvest  where  do  the  crops  go  ? 

10.  How  with  iewAwi  pur  iiutre  vie? 

11.  How  of  an  estate  during  covertures  where  there  is  a  divorce  ? 

12.  How  if  tenant  during  widowhood  marry,  or  forfeit  by  treason  ? 

13.  To  what  does  the  doctrine  of  emblements  apply  ? 

14.  How  as  to  sub-tenant  of  tenant  for  life  ? 

15.  How  if  tenant  for  life  terminate  his  estate  by  his  own  act? 

16.  //  Uuid  he  granted  to  tenant  for  life,  remainder  over,  incumbered 

by  a  mortgage,  how  is  the  mortgage  to  be  borne  between  life 
tenant  and  remainderman  ? 

17.  In  lohat  propo'rtion  are  they  to  pay  off 

18.  Suppose  life  tenant  to  pay  it  off,  what  are  his  rights  f 

19.  What  would  be  waste,  voluntary  and  permissive? 

20.  What  if  the  house  were  burned  by  tenant's  neglect  or  care- 

lessness ? 

21.  What  is  an  estate  tail  after  possibility  of  issue  extinct  ? 


23 

22.  Suppose  tenant  in  tail  grow  to  be  80  or  90  years  old,  does  tlie 

estate  become  such  ? 

23.  Suppose  husband  and  wife,  tenants  in  tail  special,  procure  a 

divorce,  are  they  tenants  after  possibility  of  issue  extinct? 

24.  What  are  the  incidents? 

25.  Suppose  the  tenant  attempts  to  convey  a  fee,  does  he  forfeit? 

26.  Can  he  exchange  with  tenant  for  life? 

27.  What  was  an  estate  by  the  curtesy  ? 

28.  What  was  necessary? 

29.  What  the  effect  of  birth  alone? 

30.  What  kind  of  seisin  must  wife  have  had? 

31.  When  is  tlie  wife  seised  in  fact,  if  the  land  is  occupied  by  a 

tenant  when  she  inherits? 

32.  When  is  actual  seisin  unnecessary  ? 

33.  Why  was  it  necessary  at  all  ? 

34.  What  birth  of  issue  is  necessary  ? 

35.  What  estate  had  a  husband  before  the  wife's  death  ? 

36.  Has  he  curtesy  in  a  trust  estate  ? 

37.  What  kind  of  equitable  estate  must  wife  have? 

38.  How  if  the  seisin  is  in  trustees  for  her  use  ? 

39.  How  as  to  qualified  fees  and  estates  on  condition  which  is 

broken  ? 

40.  How  does  tenant  by  curtesy  forfeit;  does  he  by  adultery,  or 

l)y  wife's  treason ? 

41.  What  is  dower? 

42.  What  is  the  first  requisite  to  dower  ? 

43.  How  if  tiie  marriage  bo  voidable  for  consanguinity,  by  the 

ecclesiastical  courts? 

44.  How  if  actually  avoided  ? 

45.  Huw  if  an  idiot  marry? 

40.  How  if  tlie  wife  is  an  alien? 

47.  How  if  tlie  husband  is  a  joint  tenant? 

48.  What  kin<l  of  seisin  in  tlie  husband  is  sulhi-icnt? 

49.  Iliiw  if  the  hanbdnd  die  hefore  entrij  for  condition  broken? 

50.  H<m  if  tenant  of  freehold  hold  over  until  after  the  Imahand^s 

death  f 


24 

f)!.  How  if  thoro  be  a  lease  for  life  which  does  not  terminate 
before  the  husband's  death? 

52.  How  of  a  transitory  seisin  and  what  are  examples  of  such  ? 

53.  How  if  the  husband  have  a  life  estate,  remainder  to  another, 

remainder  to  husband  and  his  heirs  in  fee? 

54.  Is  the  wife  dowable  of  rents,  commons,  etc.,  and  under  what 

circumstances? 

55.  Does  dower  attach  to  land  acquired  before  but  owned  after 

coverture  ? 
50.  Can  a  husliand  defeat  the  dower  by  aliening  the  land  ? 

57.  How  could  the  wife  release  her  dower  at  common  law  ? 

58.  How  does  she  now  ? 

59.  Is  she  dowable  of  an  equity  of  redemption  ? 

60.  How,  in  this  country? 

61.  Where  she  is  dowable,  how  is  she  bound,  as  to  the  mortgage 

debt? 

62.  How  is  she  dowable  where  the  mortgage  is  for  years  ? 

63.  How  many  kinds  of  dower  and  what  were  they  ? 

64.  \\'hat  is  the  widow's  quarantine? 

65.  What  is  the  right  of  dower  before  assignment? 

66.  Can  she  enter  before  assignment  ? 

67.  Can  she  remain  in  the  homestead  after  the  forty  days,  if  the 

heirs  refuse  to  assign  her  dower? 

68.  What  is  the  effect  of  assigning  the  dower  ? 

69.  Who  must  assign  and  what  is  the  remedy  for  refusal? 

70.  Hltat  v'.s  tJie  relation  of  ividoiv  and  heir  after  assignment  f 

71.  How  must  dower  be  assigned  if  the  property  is  not  divisible? 

72.  How  of  property  owned  in  common  with  others  by  the  hus- 

band? 

73.  In  what  case  are  two  widows  to  be  endowed  out  of  the  same 

land  ? 

74.  AN'iiat  is  the  maxim  "  rfo.§  de  dote  peti  nan  debet,' ^  and  how 

does  it  apply  ? 

75.  How  is  dower  assigned  in  case  of  exchange  of  lands  ? 

76.  On  what  valuation  is  dower  to  be  computed  with  reference  to 

general  enhancement  of  property  ? 


25 

77.  How  as  to  improvements  made  by  husband  or  heir? 

78.  Suppose  the  widow  be  evicted  by  title  paramount,  what  is 

her  remedy  ? 

79.  Does  slie  liold  under  the  lieir  or  her  liusband  ? 

80.  How  may  dower  be  barred  ? 

81.  How  prevented  from  ever  attaching? 

82.  What  acts  Avould  forfeit  her  dower  V 

83.  How  if  she  aliened  the  lands? 

84.  \\'hat  is  a  jointure  ? 

85.  What  is  the  usual  method  of  barring  dowor  in  this  country? 


BLACKSTONE. 

Book  11,  Chapter  IX. 
4  Kent,  Led.  5G. 

1.  What  is  an  estate  for  years? 

2.  What  was  the  original  status  of  a  lessee  for  years  under  the 

feudal  system? 

3.  How  couhl  the  lessee's  estate  be  defeated  by  the  landlord? 

4.  How  long  must  the  estate  be,  to  be  an  estate  for  years? 

5.  What  is  a  year;  a  half  year? 

6.  What  is  a  month  in  law? 

7.  When  so  many  days'  notice  is  r('(|uircd,  when  niusl  the  da}' 

of  service  be  excluded;  when  included? 

8.  What  amount  of  cerlainly  is  re(|nire(l  as  1(t  llie  (lurnlion  ol' 

tlu!  term  ? 
".>.   What  of  :i  |e;i>c  lor  so  many  years  as  one  shall  live? 

10.  How  does  this  did'ei-  from  a  life  estate? 

11.  IImw  of  a  lease  for  twenty  y(!ars  if  <tne  shall  live  so  long? 

12.  What  is  the  difference  between  teriu  and  linir,  as  to  leiisesV 


2G 

13.  Can  a  lease  be  made  to  commence  at  a  future  day? 
11.  What  is  necessary  to  perfect  the  estate  for  years? 
IT).  What  difterence  between  entry  and  livery? 
10.  What  lias  the  tenant  before  entry? 

17.  Can  this  interest  be  surrendered? 

18.  Can  it  be  enlarged  by  grant  of  the  reversion? 

19.  In  what  form  must  a  lease  be  made? 

20.  At  common  law  must  the  lease  be  in  writing? 
•21.  Wiiat  does  the  Statute  of  Frauds  provide? 

22.  What  is  letting  ui)on  shares? 

23.  Is  tenant  for  years  entitled  to  emblements? 

24.  How  if  he  is  lessee  under  tenant  for  life? 

25.  What  is  tenant's  obligation  as  to  repairs  ? 
20.  What  the  landlord's? 

27.  Is  dilapidation  an  excuse  to  the  tenant  for  leaving,  or  a  de- 

fence against  action  for  rent? 

28.  How  if  landlord  covenant  to  repair? 

29.  Can  tenant  dispute  the  landlord's  title? 

30.  What  may  he  show  as  to  it? 

31.  What  is  the  consequence  of  his  disputing  it? 

32.  What  is  disclaiming,  attorning,  etc.,  and  what  the  conse- 

quences to  the  tenant? 

33.  Is  a  mere  refusal  to  pay  rent  equivalent  to  a  disclaimer? 

34.  What  if  landlord  evict  tenant  from  part  of  the  premises  ? 

35.  What  of  annoyances  materially  interfering  witJi,  the  tenant's  en- 

joyment of  the  property  f 

36.  What  of  eviction  under  a  parmnount  title  ? 

37.  What  of  mere  trespass  by  strangers  ? 

38.  Suppose  one  to  go  into  possession  under  a  lease  without 

signing  it,  is  he  liable  for  rent? 

39.  What  implied  covenants  are  there  in  a  lease  ? 

40.  What  on  lessee's  part,  from  words  "  yielding  and  paying,''''  etc.  ? 

41.  What  do  express  covenants  generally  relate  to  ? 

42.  How  is  a  covenant  to  renew  satisfied  ? 

43.  If  at  election  of  lessee,  when  must  he  exercise  his  election? 

44.  What  effect  has  destruction  by  fire  on  covenant  to  pay  rent? 


27 

45.  Is  the  lease  forfeited  by  non-payment  of  rent  ? 

46.  Must  the  tenant  seek  the  landlord  or  the  reverse,  in  the  payment  of 

rent  ? 
Al.  How  if  the  lease  provides  for  re-entry  on  failure  to  pay? 

48.  What  is  necessary  in  such  case  to  enable  tJw.  landlord  to  re-enter  ? 

49.  What  difi'erence  is  there  between  a  condition  that  the  lease 

sliall  be  forfeited,   and  a  condition  that  landlord  may 
re-enter  on  failure  to  pay? 

50.  What  if  landlord  does  not  enter? 

51.  If  tenant  contract  to  repair  and  the  house  is  burned  down, 

what  is  liis  obligation? 

52.  How  if  the  house  l)e  destroyed  by  lightning  or  the  public 

enemy? 

53.  If  he  covenants  to  keep   in  repair  and  the  house  is  i)ut  of 

repair  when  he  takes  it,  how  is  it? 

54.  Who  is  liable  to  third  person  for  accidents  resulting  from 

the  ruinous  state  of  the  premises? 

55.  What  is  an  assignment  and  what  an  under-lease? 

56.  How  is  a  covenant  not  to  assign  broken? 

57.  Suppose  it  benotto  assign  lessee's  interest  or  any  })art  thereof? 

58.  Wliut  is  the  difference  between  transferring  the  lohole  land  for  part 

of  the  term,  and  tramferring  part  of  the  land  for  the  whole  of 
the  term  ? 

59.  What  is  landlord's  relation  to  assignee  and  to  sub-tenant  ? 
GO.  Can  landlord  and  sub-tenant  look  to  each  other  for  anything  ? 

61.  Upon  an  assignment,  what  are  the  obligations  t)f  the  assignee 

jiiid  wbat  his  rights  against  the  landlord? 

62.  To  the  heuejils  of  what  kind  of  covenants  is  either  entitled  ? 

63.  /s  tJie  lessee  exempted  from  the  express  covenant  by  the   assign- 

ment f 
04.  IIow  a.s  to  iniplied  covenants  ? 

65.  Is  assignee  liable  for  any  breach  if  covenant  ofler  his  reassign- 

ment y 

66.  What    iiiipdrldiit   rule  is   there    about  taking  a  mortgage  oj  a 

lease  f 

67.  How  far  does  the  form  or  language  make  an  assignment  or 

under-lease  ? 


28 

68.  How  if  tenant  lease  for  liis  whole  term  ? 

(■>9.  MuKt  an  amgnment  be  in  loriting  ? 

70.  How  if  tenant  for  less  than  three  years  assign  verbally  f 

71 .  Il7m,/.  amonnts  to  a  waiver  of  forfeiture  f 

12.  If  a  bri'dch  be  a  continuing  one,  how  far  would  one  waiver  go  1 

~\\.  How  (Iocs  c<iuity  (leal  with  forfeiture)^  ? 

74.  //■  reversioner  sells  to  severa.1,  hoto  is  the  rent  payable  ? 

75.  If  vendor  and  vendee  agree  upon  the  apportionment,  how  does  this 

affect  the  tenant  f 
7Ci.  H(nv  where  the  reversion  descends  to  different  persons  f 

77.  How   as  to  time,  as  when  lessor  dies    in    the    midst  of  a 

current  quarter,  etc.  ? 

78.  Hoio  are  implied  surrenders  made  f 

79.  Can  under-tenants  surrender'  to  lessor  ? 

80.  Can  suirender  he  by  parol? 

81.  Can  tenant  surrender  to  the  prejudice  of  sub-tenant? 

82.  How  does  merger  of  the  lease  take  place  ? 

83.  Does  one  term  merge  in  one  succeeding  it  ? 

84.  When  does  a  term  merge  in  a  term  ? 

85.  What  will  prevent  a  merger? 

86.  Must  the  two  estates  be  held  in  the  same  right  f 

87.  How  of  a  term  held  by  husband  in  right  of  his  wife,  and  an  in- 

heritcmce  in  his  oivn  right  f 

88.  What  was  the  English  practice  as  to  long  terms  ? 

89.  What  were  terms  to  attend  the  inheritance  f 

9U.    What  if  one  bought  with  notice  of  incumbrances,  could  he  then 
take  a  tei'm  to  attend,  etc.  ? 

91.  What  can  tenant  take  away  with  him  at  the  termination  of 

his  lease  ? 

92.  What  are  fixtures  ? 

93.  Wliat  is  the  distinction  between  agriculture  and  trade? 

94.  Wiiat  becomes  of  a  lease  for  years,  on  tenant's  death? 

95.  Docs  it  pass  by  a  devise  of  all  lands  and  tenements? 

90.  How  is  it  affected  by  a  judgment?     Fieri  facias? 

97.  What  is  an  estate  at  will  ? 

98.  Can  tenant  at  will  assign  ? 

99.  What  are  his  rights  as  to  emblements  ? 


29 

100.  What  right  has  tenant  to  determine,  in  the  middle  of  his 

quarter,  etc.  ? 

101.  Wliat  determines  the  estate? 

102.  In  what  case  do  tenancies  at  will  exist  now? 

103.  What  is  an  estate  from  year  to  year? 

104.  In  what  cases  does  it  arise  ? 

105.  What  does  a  lease  for  one  year  and  so  on  from  year  to  year, 

amc)unt  to  ? 

106.  How  if  one  go  into  possession  under  an  agreement  for  a 

lease  never  executed  and  pays  rent? 

107.  How  if  the  rent  be  payable  niontbly  or  il'  tht-  j)roperty  be 

let  generally  at  so  much  a  month? 

108.  What  is  a  tenancy  I'V  the  inoiith  or  <iuarter? 

109.  If  one  becomes  tenant  from  year  to  year  l)y  holding  over,  on 

what  terms  does  he  hold  ? 
lit).  How  if  he  goes  in  under  a  void  lease*? 

111.  How  does  a  general  letting  of  lodgings  operate? 

112.  What  is  the  peculiarity  of  the  lease  from  year  to  year? 

113.  ^\'llat  notice  to  quit  is  necessary  in  the  case  of  a  tenancy  for 

years  ? 

114.  How  of  a  tenancy  from  year  to  year? 
ll.').  On  what  day  must  the  notice  end? 

llfj.   What  is  the  most  advisable  form  of  notice? 

117.  Should  the  notice  be  in  the  alternative,  as,  e.g.,  to  (juit  or 

jjay  liiglier  rent,  would  it  suffice? 

118.  How  if  landlord  accepts  rent  accruing  after  expiration  of 

the  notice  to  ipiit  ? 

119.  What  notice  is  necessary  in  case  of  a  renting  from  montli 

to  month,  etc.? 

120.  How  should  the  notice  lie  given? 

121.  What  may  the  landlord  do  after  expiration  of  the  notice? 

122.  Wiiat  is  a  tenancy  at  suflerance? 

123.  How  is  it  terminated? 

124.  What  converts  it  into  :in  estatt;  tVoni  yciir  to  year? 

12").   What  remedy  is  provided  by  Htat.  1  (ieo.  11,  as  to  ImMing 

over  after  notice  by  landlord  to  (piit  ? 
126.   What   Ity  lltii   (Ieo.  11,  as  to  holding  o\ir  ,i  Iter  not  ice   by 

tenant  of  his  intention  to  quit? 


30 

BLACKSTONE. 

Book  II,  Chapter  X. 

4  Kent,  Led.  57,  58. 

1.  What  are  the  conditions  in  law? 

2.  What  is  an  express  condition  ? 

3.  What  two  kinds  ?     Give  examples. 

4.  What  difference  is  there  between  them? 

5.  How,  if  condition  precedent  becomes  impossible? 
(\  How,  if  condition  suljsequent  becomes  impossible? 

7.  What  is  tlic  difference  between  a  limitation  and  a  condition  ? 

Examples. 

8.  What  is  the  important  difference  as  to  the  actual  termination 

of  the  estate  ? . 
0.  Does  breach  of  this  condition  subsequent  of  itself  terminate 
the  estate  ? 

10.  Is  there  any  difference  between  freehold  estates  and  those  for 

years  in  this  respect? 

11.  To  whom  could  the  right  of  entry  for  condition  broken  be 

reserved  ? 

12.  How  was  the  right  of  entry  treated  at  common  law? 

13.  What  was  the  effect  of  entry  for  breach  of  conditions  in  deed  ? 

14.  How,  in  case  of  conditions  in  law? 

15.  What  was  a  conditional  limitation  ? 

16.  If  performance  be  tendered  and  refused,  what  is  the  conse- 

quence? 

17.  How  if  it  be  payment  of  money  ? 

18.  How,  if  mortgage  debt  be  tendered  and  refused  ? 

MORTGAGE. 

19.  How  many  kinds  of  mortgages  were  there? 

20.  What  is  the  nature  of  the  mortuum  vadium  ? 

21.  Can  the  defeasance  be  in  a  different  instrument  from  the 

grant? 

22.  Why  were  mortgages  formerly  for  terms  of  years  ? 


31 

23.  What  is  the  usual  provision  in  mortgages  about  retention  of 

possession  by  the  mortgagor? 

24.  What  kind  of  interest  does  this  give  to  the  mortgagor  ? 

25.  What  ma}'  the  mortgagor  do  with  the  property,  subject  to 

the  rights  of  the  mortgagee  ? 

26.  What  is  the  equity  of  redemption  ? 

27.  How  long  will  this  right  be  enforced,  and  in  analogy  to  what 

rule  ? 

28.  How  do  courts  of  equity  treat  any  agreement  in  or  contem- 

poraneous with  the  mortgage  to  waive  this  right  of  re- 
demption? 

29.  How  do  courts  of  equity  look  ujion  a  mortgage? 

30.  Will  a  mortgagor  ])e  allowed  to  commit  waste  ? 

31.  Who  are  allowed  this  equity  of  redemption  ? 

32.  Can  one  entitled  to  redeem  do  po  on  payment  of  less  than 

the  whole  debt? 

33.  How  can  a  judgincnl  creditor  redeem  a  lea>>ehold  ? 

34.  On  redemption^  if  viortgage  has  been  in  j)ossession,  what  will  he 

exacted  of  him  ? 

35.  What  credits  will  he  be  entitled  to? 

36.  How  as  to  permanent  improvements  ? 

37.  Can  tlie  mortgagor  part  with  the  equity  to  the  creditor  after 

executing  the  mortgage? 

38.  What  is  a  conditiou(d.  Hide  loith  a  right  to  repurchase  f 

39.  Is  there  any  equity  of  redemption  ? 

40.  What  strictness  is  required  in  complying  with  thr  condition? 

4 1 .  What  are  the  obligations  of  heir  and  execvior,  respectively,  in  rela- 

tion to  mortgaged  properti/  ? 

42.  Whai  rights  lias  the  heir  as  to    application    if   the    personal 

estate  f 

43.  Wliat  arc  the  rights  of  the  iiK)rtgagct'  after  forfeiture? 

44.  How  if  the  property  be  under  lease? 

45.  What  is  the  right  of  foreclosure? 

46.  If  there  was  no  covenant  for  payment  of  the  (hhl,  h;i(l  the 

iiiortgiigce  any  further  rciiicdy? 

47.  //  iiinrtgnge  xcll  fur  a.  fair  price  after  foreclosure,  run.  he  sue  for 

the  deficiency  t 


32 

4.S.   W'liat  is  the  gcncM-iil  practice  of  the  courts,  in  this  country, 

as  to  forochisure? 
r.K  What  the  modern  form  of  mortgage,  as  to  selling? 
')0.  ^^'hat  the  still  more  modern  substitutes  for  the  mortgage  ? 
r>l.  Who  must  he  inadc  parties  in  a  suit  for  foreclosure,  and  why? 
")2.  How  is  the  mortgagee  barred  of  his  foreclosure? 
ii'A.  Is  a  reconveyance  necessary  when  a  mortgage  is  paid  off? 
")4.  What  is  the  effect  on  the  mortgage  of  an  assignment  of  the 

debt  itself? 
no.  What  is  the  difference,  as  to  remedies  and  the  bar  of  time, 

between  the  mortgage  and  tlie  debts  secured  by  it? 
i\C^.    What  was  the  English  doctrine  ns  to  fncking  further  advances  to 

the  original  mortgage  debt? 
57.  Under  what  circumstances  will  future  advances  be  secured 

by  the  mortgage  as  against  intermediate  incumbrances? 
h'^.  \Miat  was  the  English  practice  of  tacking  mortgages  ? 
oi).  What  is  an  equitable  mortgage  ? 

60.  Against  whom  will  it  prevail? 

61.  What  is  a  vendor's  lien? 

62.  Against  whom  will  it  prevail? 

68.  What  amounts  to  a  waiver  of  the  vendor's  lien  ? 

64.  ^\llat  were  the  Statutes,  Merchant  and  Staple  ? 

65.  What  was  the  tenant  by  elegit  ? 

66.  AA'hat  was  the  rank  of  these  interests  as  estates? 

67.  Can  an  absolute  deed  be  shown  by  parol  to  be  intended  as  a 

mortgage? 


BLACKSTONE. 

Book  II,  Chapter  XI. 
4  Kent,  Led.  5£. 

1.  \\'hat  is  a  remainder,  and  how  does  it  differ  from  a  rever- 

sion ? 

2.  What  is  the  first  estate  which  precedes  a  remainder  called? 


33 

3.  How  many  estates  may  be  carved  out  of  a  fee  ? 

4.  Can  there  be  any  remainder  after  a  fee  ? 

5.  If  a  term  for  years  be  created  to  begin  in  futuro,  or  a  free- 

hold, under  the  Statute  of  Uses,  will  it  be  a  remainder? 

6.  How  at  common  law  could  a  freehold  be  created  to  take 

eflFect  in  future  ? 

7.  "Why  must  there  be  a  particular  tenant? 

8.  What  is  the  relation  of  the  particular  estate  to  the  remain- 

der? 

9.  Will  an  estate  at  will  support  a  remainder,  or  why  not? 

10.  When  must  the  title  of  the  remainder  pass  from  the  grantor  ? 

11.  How  in  the  case  of  a  contingent  remainder? 

12.  When  must  the  remainder  become  vested  ?     Why  ? 

13.  Does  the  reason  apply  to  remainders  foryears? 

14.  Is  it  a  remainder  if  it  does  not  take  efifect  before  or  at  the 

ex i)i ration  of  the  preceding  estate  ? 

15.  Can  an  estate  be    a    remainder  which  goes  into  effect  by 

abridging  the  particular  estate  ? 

16.  What  is  such  an  estate  ? 

17.  Can  a  remainder  be  limited  after  a  life  estate  in  case  another 

remainder  in  fee  does  not  take  effect? 

18.  Cross-remainders  are  what? 

19.  What  are  the  two  kinds  of  remainders  ? 

20.  What  is  the  essence  of  the  vested  remainder? 

21..  If  an  estate  be  to  A  for  life,  remainder  to  B  ibr  A's  life,  is 
it  vested? 

22.  If  to  A  for  life,  remainder  to  such  uses  as  he  may  aj^point, 

and  in  default  of  such  appointment  to  B,  is  B's  remainder 
vested  or  contingent? 

23.  How  if  to  A  for  life,  remainder  to  liis  children, present  and 

future? 

24.  How  if  it  be  to  A,  if  or  when  he  attains  21  years  of  age,  and 

the  intermediate  estate  is  disposed  of? 

25.  How  if  to  trustees  and  their  lieirs  until  A  atlaiii  21  years  of 

age,  and  then  to  him? 

26.  Under  what  two  general  heads  may  contingent  remainders 

be  classed?     Examples. 

3 


34 

27.  How  of  a  remainder  to  children  unborn  and  the  case  of  a 

I)osthunious  child  ? 

28.  Tl7m<  has  the  certainty  of  enjoyment  to  do  with  the  question  of 

rested  or  contincicnt  ? 
211.  What  is  too  remote  a  contingency? 

30.  If  the  estate  be  to  A  for  80  years,  remaind(>r  to  B  on  the 

death  of  C,  is  it  a  vested  or  contingent  remainder  ? 

31.  If  an  estate  be  to  one  for  life,  remainder  to  his  heirs,  is  it  a 

contingent  remainder  ? 

32.  What  kind  of  particular  estate   is  necessary  to  sui)pbrt  a 

contingent  remainder  ? 

33.  How  is  a  remainder  affected  by  the  destruction  of  the  par- 

ticular estate,  or  its  invalidity  ? 

34.  Can  the  remainderman  take  advantage  of  a.  condition  subsequent  ? 

35.  How  is  a  remainderman  affected  by  a  particular  tenant  in- 

curring forfeiture  ? 
3f).  How  does  the  disseisin  of  the  particular  tenant  affect  the  remain- 
derman ? 

37.  How  if  disseisees  right  of  entry  is  gone? 

38.  What  is  the  contrivance  of  a  trust  to  preserve  contingent 

remainder? 

39.  If  a  contingent  remainder  in  fee  be  given,  where  is  the  fee 

before  the  contingency  happens  ? 

40.  How  in  the  case  of  future  uses  and  executory  devises? 

41.  Could  contingent  remainders  be  conveyed,  devised,  etc.? 

42.  The  rule  in  Shelly 's  case  is  what? 

43.  What  were  supposed  to  be  the  reasons  for  it  ? 

44.  How  are  intervening  estates  between  the  life  estate  and  in- 

heritance affected  ? 

45.  How  if  the  two  estates  are  not  created  by  the  same  deed  ? 

46.  Horn  if  by  virtue  of  a  power  in  the  samie  deed,  the  inheritance  is 

given  to  the  heirs  of  the  tenant  for  life? 

47.  Does  the  ride  apply  even  if  the  intention  appears  to  be  different, 

when  the  technical  words  are  used  f 

48.  Hov)  as  to  executory  trusts.? 

41).    What  are  the  exceptions  to  the  rule  ? 

50.  How  when  the  two  estates  are  of  a  different  character  ? 


35 

51.  What  is  a  reversion? 

52.  At  common  law  was  there  a  reversion  upon  the  grant  of  a  fee? 

53.  What  statute  changed  this,  and  how  ? 

54.  What  are  the  incidents  of  a  reversion? 

55.  What  passes  by  a  grant  of  the  reversion  ? 

56.  What  effect  has  the  assignment  of  rent  on  the  reversion  ? 

57.  Suppose  one  convey  for  life,  with  remainder  to  himself  and 

heirs,  what  estate  has  he? 

58.  How  are  reversions  transferred? 

59.  What  is  the  difference  between  reversion  after  an  estate  for 

years  and  after  a  freehold  ? 

60.  How  must  the  latter  be  transferred  V 

61.  Is  a  reversion  subject  to  a  levy  of  an  execution  ? 

62.  What  remedies  has  reversioner  for  injuries  to  the  freehold? 

63.  What  is  merger? 

64.  Can  a  term  merge  in  a  term  ? 

65.  What  kinds  of  estates  are  subject  to  merger? 

66.  Is  the  larger  estate  increased  by  the  merger? 

67.  Will  it  take  place  if  there  be  an  intervening  estate? 

68.  In  tvhat  cases  toill  it  take  place  if  the  two  estates  are  held  in  differ- 

ent rights? 

69.  Solo  if  legal  and  equitable  estates  meet  in  the  same  person? 


BLACKSTONE. 

Book  II,  Chapter  XT. 
4  Kent,  Lecl.  60. 

1.  What  are  executory  devises? 

2.  What  is  their  effect  on  the  free  disposition  of  Ihc^  fee  simple? 

3.  What  are  the  three  kinds  of  executory  ilevises  ? 

4.  Why  can  a  freehold  be  devised  to  commence  in  future  f 

5.  What  becomes  of  it  in  the  meanwhile? 

6.  Why  could  not  a  fee  be  limited  after  a  i\'i'  \)y  dvi-d  ? 

7.  Wliy  could  not  a  term  for  years  be  limited  for  life  with  re- 

mainder over,  by  deed? 


36 

8.  What  restriction  is  tlierc  upon  the  power  to  limit  them  by 

will? 
!).  What  is  the  main  diflerencc  between  contingent  remainders 

and  executory  devises? 

10.  As  to  the  power  of  the  i)resent  tenant  to  destroy  tliem,  what  ? 

1 1.  Within  what  time  must  an  executory  devise  take  effect  in 

possession,  and  why? 

12.  llow  if  tlio  contingency  on  which  it  is  to  take  effect  may 

occur  within  the  time  or  not  ? 

13.  If  a  deniae  be  made  to  one  in  fee,  but  if  he  shoxdd  die  without 

issue,  over  to  another,  what  construction  is  given  to  the  words 
''  without  issue  f  " 

14.  Is  such  a  devise  over  a  good  executory  devise? 

15.  Hoiv  do  the  courts  sustain  the  devise  over? 

16.  How  of  a  devise  to  one  generally  and  then  over,  if  he  should,  die 

without  issue  f 

17.  When  an  estate  is  devised,  to  commence  infuturo,  what  be- 

comes of  the  profits  in  the  meanwhile  ? 

18.  What  of  the  income  of  personal  estate  so  devised  ? 

19.  Can  an  executory  devise  be  assigned,  devised,  or  inherited  ? 

20.  A\\as  there  any  limit  at  common  law  to  the  number  of  lives 

running  at  the  same  time,  during  which  the  executory 
devise  was  suspended  ? 

21.  In  what  case  was  this  question  decided? 

22.  What  was  held  as  to  the  accumulation  of  the  income  mean- 

while ? 

23.  \\'hat  statutory  enactment  was  the  result  of  that  case  ? 


BLACKSTONE. 

Book  II,  Chapter  XII. 
4  Kent,  Lect.  64. 

1.  How  was  a  sole  owner  said  to  hold  ? 

2.  How  did  several  owners  hold  ? 

3.  How  is  a  joint  tenancy  created  ? 


37 

4.  AVliat  are  the  unities  of  a  joint  tenancy? 

5.  How  of  an  estate  to  A  and  B  and  the  heirs  of  A  ? 

6.  If  the  owner  of  the  fee  die  first,  what  is  the  result? 

7.  How  if  it  be  to  A  and  B  and  one  moiety  to  the  heirs  of  each  ? 

8.  What  of  unity  of  time  ? 

9.  Wliat  if  the  estate  be  to  A,  remainder  to  the  heirs  of  B  and 

C,  and  B  dies  first  after  A  ? 

10.  How  as  to  conveyances  under  the  Statute  of  Uses  ? 

11.  Hoiv  of  a  devise  to  the  use  of  the  children  of  A  ? 

12.  What  is  the  nature  of  the  seisin  of  joint  tenants  and  copar- 

ceners ? 

13.  How  of  an  estate  to  man  and  his  Avife  in  fee? 

14.  How,  if  a  man  and  woman  be  joint  tenants  and  afterwards 

marry  ? 

15.  Can  either  dispose  of  an  undivided  moiety  so  as  to  sever  the 

tenancy  ? 

16.  How  is  this  survivorsliip  prevented  in  a  grant  ? 

17.  Can  a  joint  tenant  devise  his  interest? 

18.  Is  liis  wife  entitled  to  dower,  as  against  the  survivor? 

19.  If  a  joint  tenant  make  a  will,  and  himself  survive,  does  his 

will  operate? 

20.  How  of  mortgages  made  before  survivorshi])  ? 

21.  Do  tliey  hind  his  grantee? 

22.  Is  joint  tenancy  fiivored  by  the  courts? 

23.  How  of  partnership  property  ? 

24.  How  is  joint  tenancy  destroyed  ? 

25.  What  is  the  efl"ect  of  a  conveyance  by  one  to  a  stranger? 

26.  How  if  one  of  three  convey  to  a  stranger? 

27.  How  if  one  of  tliree  releases  to  one  of  the  others? 

28.  What  arc  the  advantages  and  disadvantages  of  a  severance  ? 

29.  What  if  one  joint  tenant  grant  away  for  tlie  life;  of  liis  co- 

tenant? 

30.  Vox  wliat  is  a  joint  tenancy  useful  now  ? 

'•'A.  What  is  the  difference  between  granting  to  A  jind  l>  ;in(l 
their  licirs,  and  to  A  and  \\  iind  the  survivor,  and  tlie 
heirs  of  tlic  Hurvivor? 

32.  How  did  :in  estate  in  coparcenary  arise? 


38 

33.  What  kind  of  coparcenary  is  there  in  this  country? 

34.  What  unities  has  this  estate? 

35.  How  if  one  coparcener  dies  leaving  daughters? 

36.  What  is  tlie  difference  in  the  seisin  from  that  of  joint  tenants? 

37.  How  is  the  coparcenary  severed? 

38.  What  was  hotchpot? 

39.  What  unities  has  tenancy  in  common  ? 

40.  How  may  it  have  others? 

41.  How  is  the  tenant  seized? 

42.  What  is  the  effect  of  his  death  ? 

43.  How  can  he  deal  with  the  property  ? 

44.  How  can  part  of  the  fee  in  an  undivided  interest  be  held  in 

common  and  the  rest  in  joint  tenancy  ? 

45.  How  of  a  grant  to  several  men  or  several  women  and  the 

heirs  of  their  bodies? 

46.  How  of  a  grant  to  two  ;  one  moiety  to  each? 

47.  How  of  a  devise  to  two,  equally  between  them  ? 

48.  Can  one  of  several  owners  grant  away  a  part,  by  metes  and 

bounds  ? 

49.  By  what  conveyance  can  one  joint  tenant  convey  to  another? 

Why  ? 

50.  How  of  a  tenant  in  common  ? 

51.  How  do  the  acts  of  one  joint  tenant  affect  the  others,  and 

what  acts  ? 

52.  What  of  release,  entry,  reservation  of  rent  in  lease,  etc.  ? 

53.  How  as  to  joinder  in  suits  ? 

54.  In  what  do  tenants  in  common  join  ? 

55.  If  in  a  lease,  how  is  it  considered  ? 

56.  How  is  the  possession  of  one  considered  with  reference  to 

the  otlier? 

57.  How  if  one  actually  exclude  the  other? 

58.  How  is  tenancy  in  common  destroyed  ? 

59.  What  is  the  effect  of  a  conveyance  by  one  tenant  in  common 

to  a  stranger  ? 
00.  What  remedy   had  joint  tenants   or  tenants  in  comjuon 

against  the  others  for  repairs  ? 
61.  How  is  a  partition  compelled  ? 


39 

BLACKSTONE. 

Book  II,  Chapters  XIII  and  XIV. 
4  Kent,  Lect.  65. 

1.  What  is  necessary  to  constitute  a  perfect  title? 

2.  Why  is  mere  possession  called  a  form  or  degree  of  title  ? 

3.  Define  the  difference  between  the  mere  possession,  apparent 

imd  real  right  of  possession? 

4.  What  was  the  effect  of  death  of  disseisor  in  possession  on 

the  rights  of  disseisee  ? 

5.  What  was  the  difference  between   possessory  actions  and 

writs  of  right,  as  to  bar  by  lapse  of  time? 
G.  What  was  a  discontinuance  by  tenant  in  tail? 

7.  What  its  effect  on  the  rights  of  the  heir? 

8.  What  was  the  effect  of  judgment  in  a  possessory  action 

against  the  plaintiff? 

9.  Wlien  the  real  owner  can  neither  enter  nor  maintain  a  pos- 

sessory action,  what  has  he? 

10.  Can  his  mere  right  be  assigned  ? 

11.  What  is  title  by  descent? 

12.  Wluit  is  consanguinity  ?     How  many  kinds? 

13.  What  is  lineal,  and  what  collateral? 

.  14.  What  is  the  heir  ai)parent,  and  what  the  heir  presumptive  ? 

15.  Has  either  any  title  in  tlie  life  of  the  ancestor  ? 

16.  What  must  an  lieir  sIkjw  to  establish  title  by  descent? 

17.  (live  an  application  of  the  rule? 

18.  How  is  the  seisin  necessary  for  descent  acquired  ? 

19.  In  exchanges,  if  liotli   die  before  entry  what  is  the  conse- 

quence ? 

20.  How,  if  one  die? 

21.  What  is  seisin  in  law,  and  what  seisin  in  fact? 

22.  Is  the  former  suilicient  to  transmit  title? 

23.  If  tlieancestor  had  atenant  for  years  or  life,  wlial  was  neces- 

sary to  make  actual  seisin  in  the  heir? 
21.  What  seisin  of  incorporeal  hereditaments  is  necessary? 

25.  What  is  the  iirst  rule  of  descent? 

26.  What  is  the  second  rule? 


40 

27.  Wluit  is  the  third? 

28.  How,  where  there  were  daughters  only? 

29.  What  the  fourtli  rule  as  to  representation  ?     Examples. 

30.  What  is  taking  per  stirpes,  and  what  per  capita  ? 

31.  Where  the  deceased  had  several  daughters  and  one  of  them 

had  died  leaving  sons,  wdiat  was  the  rule  ? 

32.  Wliat  was  the  fifth  rule? 

33.  What  was  meant  by  the  first  purchaser? 

34.  Grandfather, father,  and  son;  the  father  had  purchased.  To 

whom  could  the  estate  go  ? 

35.  If  the  grandfather,  how  ? 

36.  To  whom  could  one  purchasing  anew  transmit  ? 

37.  What  was  afcudum  novum  to  be  held  utfeiidum  antiquum? 

38.  How,  if  in  fact  the  land  descended  to  the  propositus  ? 

39.  What  is  the  sixth  canon  of  descent  ? 

40.  How  was  the  count  in  the  common  and  how  in  the  civil  law? 

41.  What  is  the  ground  of  the  difference  ? 

42.  On  what  ground  is  a  nephew  preferred  to  an  uncle  when 

both  are  in  the  same  degree  ? 

43.  Is  the  descent  to  collateral  heirs  immediate  or  through  the 

common  ancestor  ? 

44.  What  is  the  difference,  in  relation  to  ancestors,  between 

kindred  of  the  whole  and  the  half  blood  ? 

45.  What  is  the  ground  of  the  rule  which  confines  the  inherit- 

ance to  the  whole  blood  ? 

46.  What  is  the  seventh  rule,  and  what  the  grounds  of  it  ? 

47.  How,  if  lands  descended  on  the  mother's  side? 

48.  What  is  hotchpot  ? 

Chapter  XV. 

49.  What  is  title  by  purchase?     Examples. 

50.  If  a  man  devise  to  his  heirs,  how  do  they  take  ? 

51.  How,  if  with  limitations  different  from  what  the  law  would 

create  ? 

52.  If  an  estate  be  given  to  A,  remainder   to   the   right  heirs  of 

B,  how  do  the  latter  take  ? 


41 

53.  What  is  the  difference  between  taking  by  purchase  and  de- 

scent, as  to  transmission  to  heirs  ? 

54.  As  to  debts  and  incumbrances  ? 

55.  What  was  title  by  escheat  ? 

56.  What  were  bastard  eigne  and  mulier  indsrae  ? 

bl.  What  was  escheat  through  corruption  of  blood? 

58.  What  is  the  difference  between  forfeiture  and  esclieat? 

59.  How  may  there  be  forfeiture  without  escheat,  and  how  vice 

versa  f 

60.  A\'hat  was   the  effect  of  corruption  of  blood  as  to  descent 

througli  the  party  attainted? 
01.  What  is  the  law  of  escheat  in  this  country? 


BLACKSTONE. 

Book  II,  Chapters  XV,  XVI,  XVII,  XVIII. 

1.  What  is  title  by  occupancy? 

2.  Why  cannot  an  estate  imr  autre  vie  descend  to  heirs  ? 

3.  Why  not  escheat  ? 

4.  What  was  general,  and  what  special,  occupancy? 

5.  What  ditl   the  Statute  29  Chas.  II  enact  as  to  estates  yur 

autre  me  ? 

6.  What  did  the  Statute  14  George  II  enact? 

7.  How  does  tlie  law  of  occupancy  a])ply  to  incorporeal  here- 

ditanients  ? 

8.  What  is  title  by  prescription,  and  how  is  prescription  differ- 

ent from  custom  ? 
'.I.   ill  liDW  many  different  ways  dfn's  one  claim  title  by  prescrip- 
tion ? 

10.  What  limit  upmi   the   right  li>  prcscribi^  was   imposed  by 

Statu b- 32  Henry  Vlll  V 

11.  To  what   kind  of  property  does    tlic   title   by  prescription 

apply  ? 


42 

12.  To  wliat  kind  of  estate? 

13.  Can  it  apply  to  any  rights  tliat  cannot  be  created  by  grant? 

14.  Can  it  apply  to  rights  which  must  be  created  by  record? 

15.  To  what  class  of  heirs  must  an  estate  claimed  by  prescription 

descend? 
If).  TIow  for  back  must  an  immemorial  usage,  as  the  foundation 
of  rights,  formerly,  have  been  traced? 

17.  What  is  the  present  rule? 

18.  What  is  the  uniform  rule  in  this  country?. 

19.  On  what  analogy  is  it  founded  ? 

20.  What  was  the  consequence  of  alienation  in  mortmain  ? 

21.  By  what  kind  of  alienation  did  a  tenant  of  a  particular  estate 

incur  a  forfeiture  ? 

22.  What  is  the  consequence  of  such  forfeiture  ? 

23.  What  was  the  consequence  of  a  feoftment  in  fee  by  tenant  in 

tail? 

24.  What  was  the  consequence  of  alienation  by  deed  in  fee  by 

particular  tenants  of  rents,  reversions,  or  other  estates 
which  lie  in  grant? 

25.  How  if  one  attempt  to  convey  a  larger  estate  than  he  has  by 

deeds  operating  under  the  Statute  of  Uses? 

26.  What  is  disclaimer  by  a  tenant,  and  what  its  effect? 

27.  Is  there  a  forfeiture  by  excessive  alienation  in  this  country  ? 

28.  What  is  waste,  voluntary  arid  permissive  ? 

29.  What  its  consequences  at  common  law  and  under  the  Statute 

of  Gloucester  ? 
30.'  What  is  title  by  execution  ? 

31.  What  eqecution  affected  real  estate? 

32.  Under  what  law  was  real  estate  made  subject  to  fieri  facicbs 

in  this  country '/ 

33.  How  is  personal  property  ati'ected  by  fieri  facias  f 


43 


BLACKSTONE. 
Book  I,  Chapter  XIX  and  Part  of  XX. 

4  Kent,  Lect.  67. 

1.  What  power  of  alienation  had  a  feudatory  under  the  feudal 

system  ? 

2.  Whose  consent  was  necessary  ? 

3.  How  far  could  the  lord  alien  his  reversion  or  seigniory? 

4.  What  was  attornment? 

5.  What  was  enacted  by  Statute  of  Queen  Anne  in  reference  to 

attornments  ? 

6.  What  was  the  first  step  in  the  direction  of  free  alienation  ? 

7.  When  and  how  did  one  first  acquire  the  right  to  sell  his 

lands  ? 

8.  What  was  the  jnirport  and  operation  of  the  Statute  Quid 

Emptores  ? 

9.  What  is  the  effect  of  that  statute  upon  fee  simple  alienations 

at  this  day? 

10.  By  what  statute  was  the  power  given  to  charge  lands  with 

debts  ? 

11.  By  what  statute  was  the  j^ower  of  devising  given  ? 

12.  What  restraint  was  tlu-n;  imposed  on  the  right  of  alienation 

by  the  Statute  ?>•!  Henry  VIII? 
i;i   W'hitt  was  the  effect  under  that  statute  of  a  conveyance  by 
one  out  of  possession  ? 

14.  What  is  the  importance  of  the  rule  in  making  out  a  eh;! in 

of  title  in  ejectment  ? 

15.  Who  are  incapable  of  valid  alienation  ? 

16.  Wiiat  interests  may  be  alienated  ? 

17.  Can  a  contingent  remainder? 

18.  Can  a  person  non  convpoa  mentis  avoid  his  own  deed  ? 
V.l  What  was  the  old  rule? 

20.  What  euii  his  heirs  do  after  his  death  ? 

21.  What  can  a  iiiiiiDi-  do  in  the  way  of  avoiding  his  own  deed? 

22.  What  is  duress,  uiid  what  its  efifect  upon  deeds? 


44 

23.  Can  a  loino  covert  alien  her  i)roperty  ? 

24.  Can  slie  purchase  real  estate  ? 

25.  Can  she  disaffirm  such  purchase,  and  when,  and  can  her 

heirs? 
2G.  What  was  the  ori«,Mnal  form  in  which  title  to  a  feud  passed? 

27.  What  was  the  origin  of  deeds? 

28.  Wliat  their  original  form  ? 

29.  What  is  a  deed,  and  how  many  kinds  are  there? 

30.  How  far  is  a  consideration  necessary  to  a  deed  ? 

31.  Does  want  of  consideration  affect  title  under  a  deed  accom- 

panied with  livery  ? 

32.  How  many  kinds  of  consideration  are  there  ? 

33.  With  reference  to  whom  is  a  valuable  consideration  neces- 

sary to  the  validity  of  a  deed  ? 

34.  How  is  a  voluntary  deed  affected  by  the  Statute  of  13  Eliz. 

against  fraudulent  conveyances  ? 

35.  On  what  must  the  deed  be  written  ? 

36.  Was  writing  necessary  to  the  tran"sfer  of  real  estate  at  com- 

mon law  ? 

37.  By  what  statute  w^as  it  made  necessary  ? 

38.  What  was  the  origin  of  seals  ? 

39.  What  acts  could  not  be  done  without  a  deed  ? 

40.  Were  they  necessary  to  the  transfer  of  corporeal  heredita- 

ments ? 

41.  By  what  law,  if  any,  did  deeds  ever  become  necessary  to  the 
,    transfer  of  real  estate  in  England  ? 

42.  How  is  it  in  this  country  ? 

43.  What  is  a  seal? 

44.  What  are  the  several  parts  of  a  deed  of  conveyance  ? 

45.  If  a  description  of  property  is  inconsistent,  how  is  it  to  be 

construed  ? 

46.  What  is  embraced  by  lands  or  houses  in  a  conveyance  ? 

47.  When  is  an  exception  bad  ? 

48.  What  is  the  habendum? 

49.  When  is  the  haliendum  bad  ? 

50.  What  is  the  tenendum  ? 

51.  Is  it  now  in  use? 


45 

52.  What  was  the  reddendum,  and  how  does  it  diflfer  from  an  ex- 

ception ? 

53.  What  was  warranty  by  the  old  common  hiw,  and  what  rights 

did  it  give  ? 

54.  In  what  case  was  a  warranty  implied  before  the  Statute  Quia 

Emptores  ? 

55.  What  is  the  effect  of  tlie  Statute  of  Quia  Emj^torcs  upon  the 

warranty  implied  by  the  word  ^^  dedif'' 

56.  What  was  the  origin  of  express  warranties? 

57.  How  far  did  they  effect  the  heir  ? 

58.  How  many  kinds  of  warranty  are  there  ? 

59.  What  was  the  effect  of  lineal  warranty  upon  the  heir? 
fiO.  What  was  collateral  warranty? 

61.  What  was  the  ruling  of  the  courts  as  to  the  bar  of  collateral 

warranty  ? 

62.  ^^' hat  was  the  nature  of  the  obligation  of  warranty  ? 

63.  Is  the  old  form  of  warranty  still  in  use,  or  what  supersedes  it? 

64.  What  are  covenants  of  title,  and  what  are  the  usual  cove- 

nants of  l)oth  parties  to  a  deed  ? 

65.  What  is  meant  by  covenants  running  with  the  land? 

66.  What  covenants  do  and  what  do  not,  run  with  the  land,  and 

why  the  difference? 

67.  By  what  acts  is  the  covenant  to  warrant  and  defend,  broken  ? 

68.  How  is  it  affected  by  trespasses  of  third  persons? 

69.  Under  the  old  form  of  warrant}',  what  was  recovered  by  the 

person  warranted,  when  evicted? 
7<l.  'What  is  the  measure  of  damages  now  in  an  action  for  the 
breach  of  covenant  of  warranty  ? 

71.  How  in  case  of  ])artial  eviction? 

72.  What  is  special  warranty  ? 

73.  How  far  is  reading  neccssaVy  to  the  validity  of  a  deed  ? 

74.  How  many  kinds  of  delivery  ola  deed  arc  there? 

75.  From  what  time  does  a  deed  operate? 

76.  Is  attestation  necessary  to  a  deed  ? 

77.  What  acts  avoid  a  deed  ? 

78.  How  many  kinds  ((fcdiiinion  law  conveyances  are  there? 

79.  What  was  a  feotl'ment? 


46 

80.  TThat  was  the  process  of  conveying  by  fcoflFment? 

81.  To  whom  must  livery  of  seisin  have  been  made  on  a  grant 

i'ov  years  with  remainder  in  fee? 

82.  How  on  the  conveyance  of  a  reversion  on  an  estate  for  years  ? 

83.  HoAv  many  kinds  of  livery  are  there? 

84.  Wiien  was  livery  in  law  good,  and  what  was  continual 

claim  ? 

85.  What  was  disseisin  ? 

86.  What  estate  did  a  man  acquire  by  disseisin  ? 

87.  What  two  kinds  of  disseisin  are  there? 

88.  What  was  the  effect  of  the  disseisor's  death  ? 

89.  What  was  disseisin  by  election  ? 

90.  What  is  a  gift? 

91.  What  is  a  grant? 

92.  What  is  a  lease,  and  what  its  operative  words  ? 

93.  How  does  a  lease  differ  from  an  assignment? 

94.  What  is  necessary  to  a  lease  for  life  ? 

95.  What  did  the  Statute  29  Chas.  II  provide  as  to  leases? 

96.  What  is  an  exchange  ? 

97.  What  are  the  essentials  of  exchanges  as  to  the  quantity  of 

the  estate? 

98.  Is  livery  of  seisin  necessary  ? 

99.  Is  entry  ? 

100.  What  if  one  party  dies  before  entry? 

101.  Is  there  implied  warranty,  and  what  its  effect? 

102.  How  does  it  differ  from  other. warranties? 

103.  What  word  was  essential  to  an  exchange?  • 

104.  Can  an  exchange  be  with  two  distinct  deeds  ? 

105.  What  is  partition? 

106.  Is  there  any  warranty  implied  in  partition  ? 

107.  What  are  the  derivative  conveyances? 

108.  What  is  the  appropriate  language  of  a  release  ? 

109.  How  docs  a  release  operate  to  enlarge  an  estate? 

110.  What  must  the  release  have  to  make  the  release  operative? 

111.  How  does  a  release  pass  an  estate? 

112.  How  does  it  pass  a  right? 

113.  How  does  it  operate  by  way  of  extinguishment? 


47 

114.  How  by  way  of  entry  and  feoffment  ? 

115.  What  is  a  confirmation? 

116.  What  is  a  surrender? 

117.  Can  a  life  estate  be  surrendered  to  a  tenant  for  years? 

118.  Can  a  term  for  years  be  surrendered  to  the  tenant  for  the 

succeeding  term  ? 

119.  Is  livery  of  seisin  necessary  to  a  surrender? 

120.  If  particular  tenant  and  remainderman  or  reversioner  unite 

in  a  deed  in  fee,  how  is  it  construed  ? 

121.  What  is  a  defeasance  ? 


BLACK  STONE.  - 

Book  II,  Part  of  Chapter  XX. 
4  Keiit,  Led.  61. 

1.  What  gave  rise  to  uses  in  England? 

2.  What  was  imported  by  a  feoffment  by  one  to  the  use  of  an- 

oth(,'r  ? 

3.  What  are  tlie  uanies  of  the  respective  parties  ? 

4.  What  originally  was  the  estate  of  the  feoffee  to  uses? 

5.  Who  were  originally  bound  by  tlie  uses? 

6.  \\\vAi  was  held  as  to  the  estate  of  the  cestui  que  use  ? 
7:  Wliat  was  a  shifting  or  secondary  use? 

S.  Wliat  was  a  springing  use? 

'.I.   Wliat  was  a  future  or  contingent  use? 

10.  Within  what  time  mustashiftiug  or  springing  use  takeeffect? 

1 1 .  What  is  a  springing  use  taking  effect  through  a  power  ? 

12.  What  is  a  resulting  use? 

ll>.  What  was  the  eflectof  a  deed  n\'  fc. ilViiicnl  witlioul  considera- 
tion and  expressing  no  uses? 

11.   What  was  the  eflectof  such  a  deed  expressing  the  uses? 

I").  What  the  cdeet  of  liargajn  and  sab'  or  a  covi-nant  to  stand 
seized  to  uses,  wi  til  or  without  consideration  ? 

K).  If  one  grantcMl  an  estate  to  the  use  of  some  one  at  a  future 
time,  what  became  of  the  intermediate  use? 


48 

17.  What  evils  resulted  from  the  system  of  uses? 

18.  What  statute  was  passed  to  remedy  the  evils? 

19.  Kocito  tlie  statute? 

21).  What  is  the  general  object  of  the  statute? 

21.  To  what  case  docs  it  apply? 

22.  What  is  the  effect  upon  common  law  estates? 

28.  How  could  a  legal  freehold  be  made  to  arise  infuturo  under 
this  statute? 

24.  How  a  fee  limited  after  a  fee? 

25.  How  did  this  statute  afiect  the  jurisdiction  of  equity? 

26.  To  what  cases  did  the  law  courts  hold  the  statute  inappli- 

cable? 

27.  What  was  the  consequence,  and  how  did  the  court  of  equity 

resume  its  jurisdiction  over  the  subject? 

28.  Was  a  trust  estate  subject  to  dower  or  curtesy? 

29.  What  effect  has  the  trustee's  alienation  upon  the  trust? 

30.  What  did  the  Statute  29  Charles  II  provide  as  to  trusts  ? 

31.  What  trusts  do  not  require  to  be  evidenced  by  writing? 

32.  Give  examples  of  resulting  trusts  ? 

33.  What  is  a  trust  estate  general  ? 

34.  What  are  executed  and  executory  trusts  ? 

35.  How  do  courts  of  equity  construe  and  give  effect  to  a  con- 

tract for  the  sale  of  land  ? 

36.  What  is  a  covenant  to  stand  seized  to  uses? 

37.  What  consideration  is  sufficient  for  it? 

38.  What  is  a  bargain  and  sale  ? 

.39.  What  consideration  is  necessary  to  it? 

40.  How  does  the  statute  operate  upon  it? 

41.  What  did  the  Statute  27  Henry  VIII  require  as  to  bargain 

and  sale? 

42.  What  is  a  lease  and  release? 

43.  What  other  deeds  are  there  besides  conveyances  of  land  ? 

44.  What  is  a  single  bill? 

45.  What  is  a  bond  with  condition  ? 

46.  On  whom  and  what  is  it  binding? 

47.  What  if  the  condition  be  impossible  when  it  is  executed  or 

in  violation  of  some  positive  law  ? 


49 

48.  What  if  it  be  to  do  something  criminal  per  se  9 

49.  What  if  it  become  impossible? 

50.  If  the  bond  is  forfeited,  what  is  recoverable? 

51.  \\'hat  is  a  fine? 

52.  What  is  a  common  recovery? 

Stat.  27  Henry  VIII. 

Where  any  person  or  persons  stand  or  be  seized,  or  at  any  time 
hereafter  shall  happen  to  be  seized,  of  and  in  any  honors,  castles, 
manors,  lands,  tenements,  rents,  services,  reversions,  remainders, 
or  other  hereditaments,  to  the  use,  confidence,  or  trust  of  any 
other  person  or  persons,  or  of  any  body  politic,  by  reason  of  any 
bargain,  sale,  feoffment,  fine,  recovery,  covenant,  contract,  agree- 
ment, will,  or  otherwise,  by  any  manner,  means  whatsoever  it  be  ; 
that  in  every  such  case,  all  and  every  such  person  and  persons, 
and  bodies  politic,  that  have  or  hereafter  shall  have  any  such 
use,  confidence,  or  trust,  in  fee-simple,  fee-tail,  for  term  of  life  or 
for  years,  or  otherwise,  or  any  use,  confidence,  or  trust  in  re- 
mainder or  reverter,  shall,  from  henceforth,  stand  and  be  seized, 
deemed  and  adjudged  in  lawful  seizin,  estate,  and  possession,  of 
and  in  the  same  honors,  castles,  etc.,  to  all  intents,  constructions, 
and  purposes  in  the  law,  of  and  in  such  like  estates  as  they  had 
or  shall  have  in  the  use,  etc.,  of  or  in  the  same,  and  that  the 
estate,  title,  right,  and  possession  that  was  in  such  person  or  per- 
sons that  were,  or  hereafter  shall  be,  seized  of  any  lands,  tene- 
ments, or  hereditaments,  to  the  use,  etc.,  of  any  such  ])crson  or 
j)ersons,  orof  any  body  politic,  be  from  henceforth  clearly  deemed 
and  adjudged  to  be  in  him  or  them  that  have,  or  hereafter  shall 
have,  such  use,  confidence,  or  trust,  after  such  quality,  manner, 
form,  and  condition  as  tli(  y  had  before,  in  or  to  the  use,  confi- 
dence, or  trust  that  was  in  them, 

4  Kent,  Lccl.  62. 

1.  What  is  a  i)f)wer? 

2.  VViiat  are  tlie  ordinary  powers    ojicrating  under  the  Statute 

of  Uses  ? 

4 


50 

^.  How  does  a  power  of  revocation  and  appointment,  when  ex- 
ecuted, operate? 

4.  Wlio  were  the  parties  to  a  jjower? 

5.  What  other  powers  are  tliere  besides  those  of  appointment 

and  revocation? 
().  M'hat  are  powers  appendant  and  appurtenant? 

7.  What  coUateral  and  in  gross? 

8.  By  wliat  instrument  may  a  power  be  created? 

9.  If  I  grant  to  A  in   fee,  with  a  power  of  future  disposition, 

does  that  create  a  power  ? 

10.  What  of  a  devise  to  A  generally,  with  a  general  power  of 

disi)osition? 

11.  What  of  a  devise  for  the  life  of  the  devisee,  with  power  to 

appoint  the  fee? 

12.  What  of  a  devise  to  such  uses  as  a  })erson  may  appoint,  and 

in   default  of  such  appointment  to  that  person  and  his 
heirs? 

13.  If  that  person  then  convey  in  fee,  is  he  passing  his  estate  or 

executing  his  power? 

14.  What  is  the  difference  between  a  devise  to  executors  to  sell 

and  a  direction  that  they  shall  sell? 

15.  What  becomes  of  the  title  in  either  case  before  sale? 

16.  If  the  power  is  to  appoint  in  fee,  what  estate  must  be  given 

to  the  first  grantee  or  devisee? 

17.  Within  what  time  must  the  power  of  future  appointment  be 

exercised  ? 

18.  Wliat  is  the  difference,  in  this  respect,  between  an  estate  de- 

rived under  the  power  of  appointment  and  an  executory 
devise? 

19.  In  case  of  a  devise  to  such   uses  as  may  thereafter  be  ap- 

pointed, and  in  the  meantime  to  A,  is  A's  estate  vested  or 
contingent? 

20.  By  what  persons  may  powers  be  executed  ? 

21.  Wliat  difi'erence,  in  this  respect,  between  femes  covert  and 

infants? 

22.  If  a  power  be  given  to  several,  in  what  cases  will  it  survive 

on  the  death  of  one  or  more  ? 


51 

23.  Can  a  power  be  assigned  ? 

24.  When  a  power  of  appointment  is  executed,  how  does  the  ap- 

pointee take? 

25.  Can  a  general  power  be  exercised  in  favor  of  the  donee  him- 

self? 

26.  Is  such  power  equivalent  to  an  estate  in  property  ? 

27.  If  an  appointment  be  to  A  to  the  use  of  B,  what  estate  is 

created  in  either  ? 

28.  If  the  power  is  to  be  exercised  by  will,  can  it  be  done  by 

deed,  and  vice  versa? 

29.  Is  a  general  ])ower  to  appoint  for  any  estate  exhausted  by  an 

appointment  of  less  than  the  fee  simple  ? 

30.  If  one  owns  property  and  has  a  power  to  appoint  other 

property,  by  will,  would  a  general  devise  of  his  property 
be  an  exercise  of  his  power? 

31.  In  executing  a  power  can  a  power  of  revocation  be  reserved? 

32.  To  what  title  does  the  new  estate,  created  by  the  power, 

relate  ? 

33.  How  far  does  the  relation  back  to  the  original  deed  affect 

intervening  rights? 

34.  How  was  a  power  affected  by  disseisin,  or  a  conveyance  by 

fine  or  feoffment  of  the  land  ? 

35.  Where  one  had  a  general  power  of  appointment,  what  effect 

did  its  exercise  have  in  making  the  property  liable  for 
his  debts  ? 

36.  If  it  is  made  the  donee's  duty  to  exercise  the  power  for  the 

benefit  of  others,  can  the  courts  enforce  its  exercise? 

37.  What  is  meant  by  an  illusory  appointment? 

38.  What  device,  in  the  way  of  powers,  was  resorted  to  to  pre- 

vent dower  ? 
31).   What  remedy  is  there  for  a  defective  execution  of  a  jxnver  ? 

40.  C;ui  the  non-execution  of  a  i)ower  bo  remetliod  ? 

41.  How  is  a  power  extinguished  ? 


52 

BLACKSTONE. 

Book  II,  Chapter  XXIII. 
4  Kent,  Lect.  68. 

1.  What  interest  in  land  could  be  devised  before  the  reign  of 

Henry  VIII? 

2.  How  were  lands  virtually  devised  by  creating  a  use  ? 

3.  How  was  this  practice  affected  by  the  Statute  of  Uses  ? 

4.  When  was  the  Statute  of  Wills  made,  and  what  did  it  enact  ? 

5.  AVhat  effect  had  the  Statute  of  Charles  II  upon  the  power  to 

devise  ? 

6.  What  exception  was  there  in  the  Statute  of  Wills,  and  what 

its  object? 

7.  Who  are  capable  of  devising  and  of  being  devisees  ? 

8.  If  a  man  devise  to  his  heirs,  how  do  they  take  ? 

9.  What  did  the  Statute  of  Frauds  provide  as  to  wills  ? 

10.  What  is  a  sufficient  signing  ? 

11.  What  is  a  sufficient  witnessing  of  the  signature? 

12.  Must  the  witnesses  subscribe  in  the  testator's  presence? 

13.  What  is  his  presence? 

14.  Was  a  legatee  competent  to  attest  the  will,  and  was  a  creditor? 

15.  What  was  the  effect  of  their  incompetency,  and  what  the 

remedy  provided  by  the  statute? 

16.  What  title  must  devisor  have  in  order  to  pass  land  by  his 

will  ? 

17.  What  property  of  the  testator  does  a  general  devise  pass? 

18.  Does  it  pass  property  acquired  afterwards  ? 

19.  Does  it  pass  property  held  in  joint  tenancy? 

20.  If  a  joint  tenant  make  a  will  and  survive  his  co-tenant,  does 

the  will  pass  the  property? 

21.  Can  the  possibility  of  his  survivorship  be  devised  ? 

22.  What  facts  amount  to  an  implied  revocation  ? 

23.  What  if  the  man  marry  the  woman  to  whom  lie  has  devised? 

24.  What  will  be  an  implied  revocation  of  a  woman's  will  ? 


53 

25.  What  effect  will  a  subsequent  change  of  seisin  of  the  prop- 

erty have  upon  the  will  ? 

26.  What  if  testator  convey  away  and  take  a  deed  back  to  him- 

self? 

27.  What  if  the  deed  be  inoperative  for  informality  ? 

28.  What  effect  has  a  mortgage  ? 

29.  What  effect  would  foreclosure  of  the  mortgage  or  a  purchase 

of  the  equity  of  redemption  have  upon  a  devise  of  a 
mortgage  ? 

30.  Will  accidental  cancellation  revoke  a  will  ? 

31.  Is  entry  of  devisee  necessary  to  perfect  his  title  ? 

32.  What  effect  has  death  of  the  devisee  in  the  lifetime  of  the 

testator  ? 

33.  Is  it  different  if  his  heirs  are  named  ? 

34.  Where  does  the  property  covered  by  a  lapsed  legacy  go? 

35.  How  in  case  the  devise  is  void  ? 

36.  What  will  pass  by  a  general  devise  of  a  testator's  estate? 

37.  What  will  pass  by  a  devise  generally  on  condition  that  de- 

visee pay  debts  ? 

38.  Give  examples  of  estates  created  by  will,  by  implication. 

39.  If  testator  devise  in  technical  language  as  to  a  man  for  life, 

remainder  to  the  heirs  of  his  body,  would  a  fee  tail  pass 
if  the  testator  declared  his  intention  that  devisee  shall  not 
dis))OHe  of  the  proj)erty  for  longer  than  his  life? 

40.  Whore  thure  are  repugnant  clauses  in  a  will,  which  prevails  ? 


BLACKSTONE. 

Book  II,  Chapters  XXIV,  XXV,  XXVI,  XXIX. 

1.  W'liat  are  cliattels,  real  an<l  personal? 

2.  What  are  choses  in  action  ? 

3.  What  prop(;rty  in  wild  animals  can  one  acfjuin!? 

4.  How  and  wlii'H  is  property  in  wild  ;inini;ils  prolcctccl  ? 

5.  \Vli;it  propi)-|\'  can  ouf  have  in  the  ilcmciits? 
<■).  W'iiat  are  examples  of  special  pnjperty  ? 


54 

7.  TIow  can  personal  property  be  settled,  and  for  what  interest? 
S.  How  if  pro})orty  which  perishes  in  the  using  be  bequeathed 

to  one  for  life  ? 
9.  How  of  such  a  general  bequest  of  the  residue,  embracing 

perishable  property  ? 

10.  How  if  chattels  be  given  in  tail  ? 

1 1 .  What  right  has  a  remainderman  as  to  securing  the  property  ? 

12.  Can  chattels  be  held  in  joint  tenancy  ? 

13.  How  is  the  ownership  of  partners? 

14.  What  is  title  to  personalty  by  occupancy  ? 

15.  What  title  can  one  acquire  to  goods  of  foreign  enemies  by 

capture  ? 

16.  What  is  title  by  accession  ? 

17.  If  I  mend  my  carriage  with  another's  materials,  whose  are 

they  ? 

18.  If  chattels  be  annexed  to  the  freehold,  whose  are  they  ? 

19.  If  one  makes  my  leather  into  shoes,  whose  is  it? 

20.  If  one  makes  my  rye  into  whisky,  whose  is  it  ? 

21.  What  is  title  by  confusion  of  goods? 

22.  What  are  the  rules  in  different  cases  ? 

23.  What  is  title  by  succession  ? 

24.  What  is  title  by  forfeiture  ? 

25.  What  is  title  by  judgment? 

26.  What  is  the  rule  of  transit  in  rem  adjudicatum  ? 

27.  What  is  a  gift  ? 

28.  How  is  it  perfected  ? 

29.  How  is  it  delivered,  if  a  chose  in  action  ? 

30.  How,  if  money  in  the  hands  of  an  agent  ? 

31.  Is  a  gift  revocable  ? 

32.  What  gifts  are  void  in  law  ? 

33.  What  if  a  man  gives  property  on  which  his  creditors  could 

not  levy  execution  ? 

34.  What  is  a  donatio  causa  mortis,  and  what  is  necessary  to  per- 

fect it? 

35.  What  is  the  subject  of  a  donatio  causa  mortis? 

36.  How  do  these  gifts  differ  from  legacies  ? 

37.  How  do  they  resemble  them? 


55 

BLACKSTONE. 

Book  II,  Chapter  XXX. 

1.  What  is  an  executory  contract? 

2.  ^Vhilt  are  specialty,  and  what  parol  contracts  ? 

3.  How  many  parties  must  there  be  to  a  contract  ? 

4.  How  does  it  differ  from  a  promise  ? 

5.  What  is  a  chose  in  action? 

6.  How  do  delHs  differ  from  other  choses  in  action  ? 

7.  Are  they  assignable  at  common  law  ? 

8.  How  are  they  now,  practically,  assignable  ? 

9.  Give  examples  of  implied  contracts  ? 

10.  What  is  a  feme  covert's  capacity  to  contract  ? 

11.  What  a  minor's? 

12.  Can  a  minor  execute  a  bond  or  negotiable  bill? 

13.  How,  if  for  necessaries? 

14.  Will  intoxication  avoid  a  contract? 

15.  Can  the  contracting  party  set  it  up  ? 

16.  What  is  duress  which  avoids  contracts  ? 

17.  What  is  consideration  ? 

18.  What  effect  has  its  absence  upon  a  contract? 
lU.  How  many  kinds  are  there? 

20.  What  kind  is  necessary  to  sustain  a  contract? 

21.  Will  a  promise  suffice  to  sustain  a  promise  ? 

22.  Is  marriage  sufficient? 

23.  Is  a  moral  obligation  ? 

24.  Is  a  })re-exi8ting  debt  ? 

25.  Is  the  debt  of  a  minor  sufficient  to  sustain  a  promise  when 

he  comes  of  age  ? 
20.  Is  a  debt  contracted  by  a  feme  covert  sufficient  to  sustain  a 
promise  made  after  coverture? 

27.  What  amounts  to  a  valuabhi  considi^ration  ? 

28.  Is  a  past  or  executed  consideration  snllicient? 
2U.   In  what  cases  may  it  be? 

30.    in  wliJit  case  is  :i  prcvions  rcfincsl  iniplie<l? 


56 

31.  In  what  case  is  a  valuable  consideration  conclusively  pre- 

sumed ? 

32.  What  is  a  sale? 

33.  In  what  cases  may  one  pass  title,  which  the  purchasers  need 

not  inquire  into  ? 

34.  What  is  market  overt  ? 

35.  What  is  a  sale  in  market  overt,  and  what  its  effect? 

36.  What  is  tlie  law  touching  market  overt  in  this  country? 

37.  Can  I  sell  what  is  not  in  existence  ? 

38.  What  is  a  potential  existence  ? 

39.  \\'hat,  if  a  horse  happens  to  be  dead  at  the  time  of  its  sale  ? 

40.  What,  if  I  contract  to  sell  things  to  be  manufactured  ? 

41.  How  is  a  sale  completed? 

42.  When  does  the  right  of  property  pass  by  a  sale  ? 

43.  What  right  has  the  seller  as  to  payment  ? 

44.  What,  if  payment  be  not  made  immediately  ? 

45.  Is  payment  of  earnest  necessary  at  common  law  ? 

46.  Upon  sale,  what  are  the  rights  of  parties  as  to  possession  ? 

47.  What  if  a  buyer  tenders  price  ? 

48.  What  does  the  Statute  of  Frauds  provide  upon  this  subject  ? 

49.  How  does  it  affect  the  common  law  as  to  passing  the  title  ? 

50.  If  I  buy  so  many  bushels  of  wheat  out  of  a  larger  mass, 

when  does  the  property  pass  ? 

51.  At  whose  risk  is  the  property  ? 

52.  What  warranty  is  there  on  a  sale  of  chattels  ? 

53.  How  does  the  vendor's  possession  affect  the  question  of  war- 

ranty ? 

54.  How  if  a  trustee  or  executor  sell  ? 

55.  What  warranty  of  quality  is  implied  by  law  ? 

56.  How  if  an  article  is  sold  by  sample  ? 

57.  What  is  the  buyer's  remedy  if  goods  do  not  correspond  with 

the  required  quality  ? 

58.  What  in  case  of  an  express  warranty  of  quality  ? 

59.  What  is  bailment  ? 

60.  What  are  the  different  classes? 

61.  Wliat  is  a  depositum  ? 

62.  What  a  mandatum  ? 


57 

63.  What  a  loan  or  commodatum  ? 

64.  What  a  pawn  or  pledge  ? 

65.  What  are  the  •  diflferent  degrees  of  diligence  required  of  a 

bailee  in  these  cases  ? 

66.  What  is  a  common  carrier? 

67.  What  is  his  obligation,  and  what  that  of  a  private  carrier? 

68.  What  kind  of  property  have  these  different  bailees  in  the 

subject  of  the  bailment? 

69.  What  action  can  they  maintain  ? 

70.  What  property  has  the  bailor? 

71.  Can  both  bailor  and  bailee  sue  for  injury  to  the  chattels? 

72.  Is  a  loan  of  money  a  bailment? 

73.  What  are  the  elements  which  determine  the  rate  of  interest  ? 

74.  What  two  classes  of  contracts  grew  out  of  them  ? 

75.  What  interest  is  allowed  on  contracts  in  which  the  principal 

is  put  at  hazard  ? 

76.  What  are  contracts  of  this  kind  ? 

77.  What  are  bottomry  or  respondentia  bonds? 

78.  What  is  insurance? 

79.  What  is  a  life  insurance? 

80.  Wliat  is  a  policy  of  insurance  ? 

81.  To  whose  benefit  does  it  enure? 

82.  What  securities  have  creditors  through  insurance? 

83.  What  are  gambling  policies? 

84.  What  wagering  policies? 

85.  What  legislation  was  there  on  this  subject? 

86.  What  is  an  amiuity  ? 

87.  Will  exorl)itant  interest  in  tlic  form  of  an  annuity  be  al- 

lowed? 

88.  Will  a  contract,  made  elsewhere  and  legal   there,  but  usu- 

rious here,  be  enforced  here  ? 

89.  What  is  a  bill  of  exchange? 

90.  What  are  the  parties  to  it  named  ? 

91.  How  does  it  operate  in  the   payment  of  debts  of  remote 

]iiirties? 

92.  What  is  a  ))romissory  note? 

93.  To  whom  may  it  be  payable? 


58 

04.  What  is  meant  by  its  ne<,'otiability  ? 

95.  When  did  they  become  negotiable  ? 

96.  How  do  foreign  and  inhxnd  bills  differ  ? 

97.  What  is  an  acceptor  ? 

98.  What  an  indorscr? 

99.  Wliich  party  to  a  note  or  bill  is  considered  the  principal 

debtor? 
la).  What  is  the  obligation  of  the  drawer  and  indorser? 

101.  How  is  a  negotiable  note  transferred? 

102.  Is  want  of  a  valuable  consideration   a  good  defence  to  a 

promissory  note? 

103.  What  is  protest  of  notes  and  bills? 

104.  In  what  cases  is  it  necessary  ? 

105.  What  notice  is  necessary  in  order  to  hold  an  indorser  ? 

106.  Who  must  give  the  notice,  and  when  ? 

107.  What  is  the  effect.of  the  omission  to  give  notice  ? 


BLACKSTONE. 

Book  II,  Chapter  XXXII. 

1.  How  old  is  the  power  to  bequeath  personalty? 

2.  What  was  the  ancient  law  on  this  subject? 

3.  When  could  a  man  dispose  of  all  his  personalty  ? 

4.  What  became  of  the  personalty  on  the  owner's  death  intes- 

tate? 

5.  What  was  provided  by  the  Statute,  West.,  13  Edward  I  ? 

6.  What  by  the  Statute  31  Edward  III? 

7.  What  obligation  was  imposed  upon  administrators  by  this 

statute  ? 

8.  To  whom  must  administration  be  granted  under  these  seve- 

ral statutes  ? 

9.  To  what  court  was  the  administrator  responsible? 

10.  How  did  the  ecclesiastical  courts  acquire  jurisdiction  over 
the  probate  of  wills  ? 


59 

11.  What  subjects  in  this  connection  are  determined  by  them  ? 

12.  By  what  law  are  they  governed  ? 

13.  Who  is  capable  of  making  a  testament? 

14.  Can  a  married  woman  ? 

15.  What  kind  of  consent  of  her  husband  is  necessary? 

16.  What  is  a  testament  ? 

17.  What  are  nuncupative  wills,  and  when  are  they  valid  ? 

18.  What  form  is  sufficient  for  a  testament  ? 

19.  What  amounts  to  cancellation  ? 

20.  What  to  revocation  ? 

21.  Is  a  verbal  revocation  sufficient? 

22.  What  amounts  to  an  implied  revocation  ? 

23.  What  is  an  executor,  and  who  may  be  one  ? 

24.  Who  is  entitled  to  administer  on  a  wife's  estate? 

25.  By  what  law  is  the  nearness  of  kin  computed? 

2G.  What  are  the  differences  between  executors  and  adminis- 
trators at  common  law  ? 

27.  How  is  it  in  this  country  ? 

28.  What  is  to  be  done  if  an  executor  or  administrator  dies 

without  completing  the  administration  ? 

29.  Wliat  if  the  executor  died  liefore  the  testator  ? 

30.  Wliat  is  an  executor  de  sou  tort  f 

31.  What  are  ins  rights  and  lialjilities  ? 

32.  What  are  an  executor's  duties  ? 

33.  Wliat  was  done  if  the  effects  of  an  intestate  were  in  diflierent 

counties? 

34.  What  is  the  force  of  letters  of  administration  in  this  country  ? 

35.  What  is  an  ancillary  administration  ? 

36.  What  is  the  executor's  duty  as  to   inventory  ami  ajtpraise- 

ment  ? 

37.  In  whatorder  were  debts  t(t  be  paid? 

38.  How  ul'  dfbts  line  llic  Crown,  or  (liica  State  in  this  country  ? 

39.  'I'o  what  |)rcfereu(!e,  ifany,  is  an  executor  entitled  as  creditor? 

40.  What  efl'cet  followed  from   tin-  a  |i|ioiiilnii(iil  oC  a  (b-lilor  as 

executor  by  his  creditor? 
•41.    \\  hat  prelerene(!  could  (;xe(Utor  give  to  ercditors? 
42.  How  is  the  law  in  this  country  ? 


60 

43.  Wliat  is  a  legacy  ? 

44.  Could  executors  safely  pay  legacies  as  against  creditors,  and 

when  ? 

45.  How  many  kinds  of  legacies  are  there? 
4G.  What  is  a  demonstrative  legacy  ? 

47.  What  is  abatement,  and  to  what  kind  of  legacies  does  it 

ajiply? 

48.  What  is  ademption? 

49.  Does  it  aflect  pecuniary  legacies  ? 

50.  What  advantage  has  a  demonstrative  over  a  specific  legacy  ? 

51.  And  what  over  a  pecuniary  legacy  ? 

52.  Is  a  bequest  of  £100  in  Consols,  or  of  a  mourning  ring  of 

the  value  of  £5,  a  specific  or  pecuniary  legacy  ? 

53.  Is  a  legacy  by  a  husband  to  a  wife,  in  consideration  of  her 

release  of  dower,  subject  to  abatement  ? 

54.  What  is  satisfaction  by  legacy  ? 

55.  Under  what  circumstances  will  a  bequest  by  a  debtor  to  his 

creditor  amount  to  satisfaction  ? 

56.  From  what  date  does  a  will  of  personalty  speak  ? 

57.  What  property  of  the  testator  is  embraced  in  a  general  be- 

quest of  all  his  property  ? 

58.  When  does  a  legacy  lapse? 

59.  If  one  of  several  joint  tenants,  legatees,  die  in  the  testator's 

life,  does  the  legacy  lapse  ? 

60.  How  if  they  are  tenants  in  common  ? 

61.  How  if  the  bequest  be  to  a  class,  as  to  children? 

62.  How  if  the  legacy  be  to  one  if  he  attains  the  age  of  21,  and 

he  die  before  that  ? 

63.  How  if  the  legacy  be  given  absolutely,  but  payable  at  the 

age  of  21  years? 

64.  How  if  the  legacies,  in  the  two  cases,  are  charged  on  land  ? 

65.  When  is  the  legacy  considered  due  and  payable  by  the 

executor  ? 

66.  From  what  time  does  it  bear  interest  ? 

67.  How  of  a  bequest  of  a  body  of  a  fund  ? 

68.  In  what  cases  will  a  money  legacy  bear  interest  from  testa- 

tor's death  ? 


61 

69.  What  became  of  the  residue  after  paying  debts  and  legacies? 

70.  What  is  the  rule  now? 

71.  When  was  the  legatee's  title  to  the  bequest  perfect? 

72.  What  does  the  Statute  of  Distributions  provide? 

73.  What  is  the  difference  in  the  course  of  distribution  of  per- 

sonalty and  the  descent  of  realty  ? 

74.  What  is  the  difierence  as  to  representation  ? 

75.  What  is  the  doctrine  of  distribution  ^e?-  stirpes  f 

76.  What  pa-  capita  f 

77.  To  what  cause  does  it  apply  ? 

78.  What  is  hotchpot? 

79.  By  what  law  is  distribution  to  be  made  in  regard  to  property 

in  a  diflerent  place  from  the  tlomicil  of  the  testator? 

80.  How  as  to  real  estate  ? 

81.  What  is  to  be  done  with  the  balance  in  case  of  ancillary  ad- 

ministration ? 


BLACKSTONE. 

Book  III,  Chapters  I  and  XL 

1 .  \\'hat  are  tlie  remedies  by  act  of  party  ? 

2.  JIow  far  does  the  right  of  self-defence  go  ? 

8.  May  one  forcibly  defend  a  stranger  from  assault? 
\.  What  is  the  riglit  of  recaption? 

5.  Can  it  be  exercised  hy  force? 

6.  Can  one  enter  another's  premises  to  recover  goods? 

7.  If  one  recover  his  goods  forcibly,  can  they  Ix;  recovered  from 

him  again  Ix'cause  of  the  force? 
S.  What  is  the  right  of  entry  ? 

9.  Can  one,  having  sucli  right,  use  force? 

10.  Supi)()se  1  forcibly  eject  an  intruder  from  my  house,  which  he- 

has  occupied  in  my  absence,  what  right  of  action  has  he? 

11.  II'  I  rntir  ii|.(in  a  wrong-doer  may  I  forcibly  hold  against 

him? 


62 

12.   If  I  peaceably  c:ain  possession  of  a  part  of  my  house,  may  I 

foiribly  occu])y  the  rest? 
i;}.  If  my  tenant  holds  over  and  I  enter  and  take  possession  in 

his  absence,  can  I  sue  him,  in  trespass  for  re-entry  ? 
14.  If  I  enter  on  ray  land,  unlawfully  held  by  a  tenant,  can  he 

sue  me  in  tresi)ass  ? 
\r^.   What  is  the  sum  of  the  rule  against  forcible  entries? 
IG.  At  common  law,  could  a  i)arty  ejected  l)y  force,  who  held 

wrongfully,  recover  the  possession  from  the  true  owner? 

17.  What  is  the  private  remedy  for  a  nuisance? 

18.  What  is  a  nuisance,  public  or  private? 

19.  How  may  one  abate  a  private  nuisance? 

20.  Can  it  be  done  with  breach  of  peace? 

21.  Can  one  tear  down  a  wall,  Iniilt  too  high,  on  a  neighbor's 

ground  ? 

22.  What  is  the  remedy  of  distress? 

23.  To  what  was  it  incident? 

24.  What  is  a  rent-charge? 

25.  \\'hat  a  rent-seek  ? 

26.  For  what  is  a  distress  used  ? 

27.  What  may  be  seized  under  a  distress? 

28.  Could  the  goods  of  a  stranger,  being  on  the  land? 

29.  What  exceptions  are  there  to  the  rule  ? 

30.  How  of  a  stranger's  cattle,  on  the  land  ? 

31.  How  of  a  guest's  goods,  in  an  inn? 

32.  How  of  a  boarding-house  ? 

33.  How  of  a  horse  at  a  livery  stable  ? 

34.  How  of  beasts  of  the  plough? 

35.  How  was  distress  made? 

36.  Can  it  be  after  the  lease  expires  ? 

37.  Where  could  it  be  made? 

38.  Can  landlord  break  open  the  door  ? 

39.  What  is  done  with  the  goods  distrained  ? 

40.  If  they  be  legally  taken,  can  they  be  retaken  ? 

41.  What  is  a  replevin  ? 

42.  What  is  accord  and  satisfaction? 

43.  When  does  it  apply  ;  before  or  after  breach  of  contract  ? 


63 


44.  Is  an  accord  a  sufficient  defence? 

45.  What  is  arbitration  and  award? 

46.  Wliat  are  the  remedies  by  the  operation  of  law? 

47.  What  is  remitter  ? 


BLACKSTONE. 

Book  III,  Chapters  III  and  IV  and  Part  VII. 

1.  What  is  a  court? 

2.  When  is  a  judge  a  court? 

3.  How  are  courts  generally  divided  ? 

4.  What  is  a  Court  of  Record  ? 

5.  What  weight  had  a  record? 

6.  What  is  the  Court  of  a  Justice  of  the  Peace  ? 

7.  What  are  Inferior  Courts? 

8.  \Vhat  persons  are  necessary  to  the  operation  of  courts? 
0.  Wliat  is  an  attorney-at-law,  and  who  can  have  one? 

lit.  What  was  tlie  lowest  court  known  to  the  connnon  law? 

11.  Wliat  the  next? 

12.  What  was  the  County  Court? 

13.  What  was  the  Aula  Regis  ? 

14.  Into  what  courts  was  this  divided? 

15.  What  powers  had  the  Court  of  King's  Bench? 
K).  What  jurisdiction  lind  it  in  civil  causes? 

17.  What  jurisdiction  had  the  Exche<|uer? 

I'S.  What  was  the  jurisdiction  of  the  Connnoji  Pleas? 

19.  What  were  the  duties  and  powers,  originally,  of  a  Chan- 

cellor? 

20.  I  low  dill  his  equitable  jurisdiction  arise? 

21.  What  are  the  Nisi  I'rius  Courts? 

22.  Aftfr  trial  at  nisi  ]irius,  what  further  pro(;ee(lings  took  ))lace? 

23.  How  do  courts   in   this  country  dilfcr  from  those  just  de- 

scribed? 
2-1.  What  is  meant  by  Superior  and  Inferior  Courts? 


64 

2').  What  courts,  in  Kiiglaiul,  (turrcspoiul  to  our  State  Supreme 

C'ourts  iind  Courts  of  Appeals? 
'J().  What  is  tlio  Court  of  Admiralty  and  what  its  jurisdiction  ? 

27.  What  jurisdiction  had  the  Ecclesiastical  Courts? 

28.  Wiiat  courts  in  this  country  had  the  same  jurisdiction? 

29.  What  is  jurisdiction? 

30.  \\'hat  is  jurisdiction  in  personam  and  in  rem  f 

31.  How  does  a  court  acquire  jurisdiction  to  act  upon  the  prop- 

erty of  non-residents  ? 

32.  How  is  jurisdiction  over  the  person  acquired? 

33.  How  jurisdiction  in  rem  ? 

34.  What  is  the  effect  of  judgment  against  a  person  not  sum- 

moned to  appear? 

35.  Suppose  the  record  of  a  foreign  judgment  does  not  show 

service  of  process,  what  is  the  presumption  of  law? 

36.  If  the  record  recites  service,  can  it  be  contradicted? 

37.  What  is  a  writ  oi  procedendo  f 

38.  What  is  a  writ  of  prohibition  ? 

39.  What  is  a  mandamus  ? 

40.  In  what  cases  will  it  issue  and  in  what  not  ? 


BLACKSTONE. 

Book  III,  CHArxERS  VIII  and  IX. 

1.  How  are  actions  divided  ? 

2.  What  is  the  difference  between  them? 

3.  What  is  the  remedy  for  an  injury  with  force? 

4.  For  those  without  force  ? 

5.  What  is  assault? 

6.  What  battery? 

7.  What  mayhem? 

8.  What  is  the  defence  of  son  assault  demesne  f 

9.  What  is  the  origin  of  the  action  of  tresjjass  on  the  case? 

10.  What  kinds  of  actions  are  embraced  under  the  general  de- 
nomination of  actions  on  the  case  ? 


65 

11.  What  is  slander? 

12.  A\'liat  is  necessary  to  make  slander  actionalile  ? 
18.  \\'liat  imputations  are  slanderous? 

14.  What  is  a  pei'  quod  ? 

15.  What  was  scandalum  magnatumf 

16.  What  is  slander  of  title? 

17.  What  are  privileged  communications  ? 

18.  Is  the  truth  a  defence  in  slander? 

19.  Is  probable  cause? 

20.  What  is  libel? 

21.  How  does  it  differ  from  spoken  slander? 

22.  Why  are  privileged  communications  excepted  from  the  law 

of  libel? 

23.  What  is  malicious  prosecution? 

24.  What  is  necessary  to  make  it  actionalde? 

25.  What  is  unlawful  imprisonment? 

26.  What  is  the  remedy  ? 

27.  In  case  of  injury  to  wife  or  children,  what  is  the  remedy? 

28.  How,  in  case  of  seduction  ? 

29.  \Mio  must  sue  for  injury  to  wife? 

30.  Who  for  loss  of  her  services? 

31.  How  in  case  of  a  child  ? 

32.  \\'hat  is  the  remedy  for  injuries  to  personal  j)r()pcrty  in  one's 

possession  ? 

33.  What  was  the  original  use  of  the  action  of  rei>levin? 

34.  What  its  present  use? 

35.  What  is  the  process  of  replevying  in  case  of  distress? 

36.  What  if  the  goods  were  secreted  or  carried  ofl"? 

37.  What  is  the  course  of  pleading? 

38.  What  was  the  landlord's  defence  called  ? 

39.  What  the  ))ailifr's? 

40.  What  judgment  is  rcinji'i-cil  Ini-  ihc  [ihiinlill   where  he  lias 

received  his  goods,  and  where  not? 

41.  What  for  the  defendant? 

42.  Wliat  is  the  mode  of  proceeding  at  the  |)rescnt  day  ? 

43.  What  are  the  pleadings  in  (ttlici-  cases  than  distress? 

44.  What  is  necessary  to  enable  the  plain  till' to  sustain  this  action? 

5 


66 

45.   What  was  the  action  ol'  detinue,  and  what  were  its  disad- 
vantages? 
4(>.  What  was  the  action  of  trover? 
17.  What  title  is  necessary  to  sustain  it? 

48.  Wliat  amounts  to  conversion? 

49.  Is  knowledge  of  another's  title  necessary  to  make  a  wrongful 

conversion  ? 

50.  What  is  recovered  in  trover? 

51.  In  what  case  does  trespass  vi  et  armis  lie? 

52.  What  possession  is  sufficient? 

53.  If  property  is  leased,  who  must  sue? 

54.  Who,  if  it  is  bailed  ? 
55  Wliatisadebt? 

56.  Wliat  was  the  action  of  covenant? 

57.  What  is  the  .action  of  assumpsit? 

58.  What  is  the  difference  between  assumpsit  and  debt  ? 

59.  What  are  implied  assumpsits? 

60.  What  is  an  assumpsit  upon  a  quantum  meruit  ? 

61.  What  are  the  common  counts? 

62.  What  the  money  counts? 

63.  What  is  the  object  of  including  these  counts  in  suits  on  notes  ? 

64.  In  what  cases  of  exjiress  contract  may  plaintiff  sue  on  the 

implied  contract  and  declare  on  the  common  counts  ? 

65.  In  case  of  warranty  how  does  plaintiff  declare? 


BLACKSTONE. 

Book  III,  Chapters  X  and  XI. 

1.  What  is  an  ouster? 

2.  What  is  abatement  ? 

3.  Intrusion  ? 

4.  Disseisin? 

5.  What  discontinuance? 

6.  Could  the  heir  in  tail  enter  after  ancestor's  death  in  case  of 

discontinuance  ? 


67 

7.  Deforcement  is  what? 

8.  What  was  the  importance  of  entry  ? 
IJ.  What  was  continual  claim? 

10.  Could  entry  be  made  in  case  of  deforcement,  and  if  not,  why  ? 

11.  What  was  the  remedy  where  there  was  no  right  of  entry? 

12.  What  must  be  shown  in  it  ? 

13.  What  will  defeat  it  ? 

14.  What  superseded  the  writ  of  entry? 

15.  What  was  the  remedy  in  case  of  dower? 

16.  What  was  disseisin  at  election? 

17.  What  was  the  limitation  to  these  possessory  remedies? 

18.  In  what  cases  must  a  writ  of  right  be  resorted  to  ? 

19.  In  a  writ  of  right  what  must  demandant  show  ? 

20.  What  can  defendant  show  in  bar  ? 

21.  What  were  formerly  the  rights  of  a  tenant  for  years,  when 

ejected,  against  the  disseisor  and  against  a  stranger  oust- 
ing him  ? 

22.  What  was  the  device  ado])ted  l)y  the  courts  to  miike  eject- 

ment applicable  to  freehold  estates  ? 

23.  What  is  the  still  more  modern  device  ? 

24.  What  was  enacted  to  prevent  collusion  between   plaintifls 

and  tenants? 
2o.  On  what  is  the  judgment  in  ejectment  iinal? 

26.  Does  the  action  of  ejectment  remedy  tiie  loss  of  mesne  profits? 

27.  How  are  they  to  be  recovered  ? 

28.  In  the  action  for  mesne  profits, of  what  authority  is  the  judg- 

ment in  ejectment? 

29.  How  if  tiie  ejectment  be  brought  against  the  tenant  and 

action  for  trespass  against  the  landlord? 

30.  By  what  time  is  the  action  for  mesne  profits  barred  ? 

31.  To  what  kind  of  proj)eity  (h)es  this  action  iniply  V 

32.  What  application  of  this  remedy  is  made  by  Statute  4  (tec. 

II,  to  the  case  of  landlord  and  tenant? 


68 

BLACKSTONE. 

Book  JIT,  Chapters  XII,  XIII,  XIV,  XVIL 

1.  What  is  trespass  to  real  estate? 

2.  Must  lands  be  inclosed  in  order  to  the  commission  of  tres- 

pass? 

3.  What  of  passage  by  the  public  over  uninclosed  lands? 

4.  What  possession  is   necessary  and  sufficient  to  sustain  an 

action  of  trespass  ? 
n.  What  is  constructive  possession? 

6.  How  if  the  land  be  held  adversely? 

7.  How  far  does  actual  possession  extend  ? 

8.  HoAV,  if  two  parties  are  in   possession,  each   claiming  all, 

under  deeds? 

9.  Is  a  right  of  entry  sufficient  to  maintain  trespass  ? 

10.  Can  tenants  in  common  sue  co-tenants  in  trespass  ? 

11.  \\'hat  amount  of  force  is  necessary  to  make  trespass  ? 

12.  What  if  animals  stray  on  land  ? 

13.  Wluit  if  one  enter  rightfully  and  afterwards  commit  some 

excess  ? 

14.  What  is  the  form  of  averment  where  the  trespass  continues 

from  day  to  day  ? 

15.  In  what  cases  are  entries,  while  yet  forbidden  by  possessor, 

not  trespasses  ? 

16.  How  if  one  enter  a  tavern  and  commit  disorder? 

17.  Under  the  general  issue  can  special  authority  be  given  in 

evidence  ? 

18.  What  is  the  defence  oiliberum  tcnementum  f 

19.  Has  intention  anything  to  do  with  this  wrong? 

20.  What  is  the  remedy  by  action  for  nuisance? 

21.  What  is  necessary  to  enable  the  plaintiff  to  maintain  the 

action? 

22.  Is  defendant  liable  for  continuance  of  the  nuisance  if  on  the 

land  when  he  bought  it? 

23.  What  is  contributory  negligence,  and  what  its  effect  on  the 

right  of  action  ? 


69 

24.  What  if  the  nuisance  exists  when  one  builds,  e.g.,  a  slaughter- 

house ? 

25.  What  is  waste  ? 

26.  Has  the  tenant  for  life,  in  reversion  or  remainder,  a  right  to 

sue  for  Avaste? 

27.  How,  after  a  lease  for  years  has  expired  ? 

28.  Was  tenant  liable,  in  the  old  action,  for  waste  of  a  stranger? 

29.  What  is  a  petition  of  right  ? 

30.  What  were  the  remedies  of  the  Crown  ? 

31.  What  are  the  remedies  of  the  State  or  United  States  in  this 

country  ? 

32.  In  what  cases  are  inquisitions  used  ? 

33.  What  was  the  writ  of  quo  warranto. 

34.  What  was  the  judgment? 

35.  What  is  the  modern  form  of  proceeding  ? 


BLACKSTONE. 

Book  III,  Chapters  XVIII,  XIX,  XX,  and  XXI. 

1.  What  was  the  original  writ  ? 

2.  What  its  form  ? 

3.  What  is  the  general  nature  of  a  writ? 

4.  What  is  a  return  ? 

5.  What  were  tiie  two  forms  of  original  writs  ? 

6.  What  is  testing  ? 

7.  What  are  pledges  of  prosecution  ? 

8.  Wiiat  are  return  days? 

9.  What  essoigns?  , 

10.  What  is  the  first  ])roce3s? 

11.  Wiiat  were  judicial  writs? 

12.  What  is  the  difference  between  mesiicaiKl  linnl  process? 

13.  What  followed  the  summons? 

11.   In  case  of  fuicililc  iiijuri(\s,  what  w:is  the  liist  [Jiocess  ? 
15.  After  attachment  what  loll.. wed  ? 


70 

16.  What  furtlier,  in  case  of  forcible  wrongs  ? 

17.  By  what  process  did  the  capias  become  the  first  step  in  the 

proceedings  ? 
IS.   What  was  done  if  defendant  was  not  found  in  the  sherifi"'s 
county  ? 

19.  What  proceedings  were  necessary  in  order  to  proceed  to  out- 

hiwry  against  the  defendant  ? 

20.  How  was  the  ca})ias  to  be  executed  ? 

21.  What  came  to  be  the  practice  ? 

22.  Who  were  privileged  from  arrest? 

23.  When  could  civil  process  be  executed  ? 

24.  What  breaking  could  an  officer  do  ? 

25.  Upon  arrest,  what  must  the  prisoner  do? 

26.  What  power  has  his  bail  over  him  ? 

27.  Is  the  sheriflf  bound  to  take  bail,  and  what  if  he  does  not  ? 

28.  What  is  defendant  to  do  on  return  day  of  the  writ  ? 

29.  What  if  he  fails  to  appear  ? 

30.  What  are  the  plaintiff's  rights  as  to  bail  bonds? 

31.  What  was  bail  to  the  action  ? 

32.  What  was  justifying  by  bail  ? 

33.  What  rights  had  bail  to  the  action  for  their  own  protection 

from  loss  ? 

34.  What  will  discharge  bail  ? 

35.  Could  bail  be  required  in  an  action  for  unliquidated  damages  ? 

36.  Or  from  executor,  etc.  ? 

37.  What  are  pleadings  ? 

38.  What  was  their  form  anciently  ? 

39.  What  is  the  declaration  ? 

40.  Wliat  are  counts  ? 

41.  What  was  the  relation  between  the  original  writ  and  the 

declaration  ? 

42.  What  the  effect  of  variance  between  the  original  writ  and  the 

declaration  ? 

43.  What  are  local  and  what  transitory  actions  ? 

44.  What  was  the  value  of  different  counts? 

45.  What  was  meant  Ijy  the  conclusion,  "  and  therefore  he  brings 

suit?" 


71 

46.  What  if  plaintiff  tails  to  file  his  declaration  in  the  time  re- 

quired by  the  rules  ? 

47.  \V' liat  is  a  retraxit  ? 

48.  What  is  a  discontinuance? 

49.  What  is  making  defence? 
60.  What  is  an  imparlance? 

51.  Wliat  steps  could  be  taken  between  defence  and  plea  ? 

52.  How  many  kinds  of  pleas  are  there? 

53.  What  effect  has  death  on  actions  for  i>ersonal  injuries? 

54.  How  of  actions  on  contract  or  for  injuries  to  ])roperty  ? 

55.  What  was  required  to  make  a  good  plea  in  abatement ;  a 

plea  of  non-joinder,  for  example? 

56.  What  if  the  dilatory  pleas  were  sustained  ? 

57.  If  overruled  or  demurred  to,  what? 

58.  What  must  be  averred  in  the  plea  of  tender? 

59.  What  elfcct  has  payment  into  court? 

60.  Can  the  defendant  plead  inconsistent  defences? 

61.  What  is  the  general  issue,  and  what  are  its  forms  in  diH'erent 

actions  ? 

62.  What  may  be  shown  under  the  general  issue  in  assumpsit? 

63.  What,  under  'Siow  est  factum  f 

64.  What  are  pleas  in  bar? 

65.  \\^hat  are  examples? 

60.  What  is  the  defence  of  limitations? 

67.  What  does  the  Statute  of  James  enact  as  to  entries? 

68.  How  do  courts  of  equity  act  in  reference  to  this  statute  ? 

69.  Does  the  statute  apply  to  specialties? 

70.  What  presumjjtions  prevail  as  to  Humu  ? 

71.  What  is  the  limitation  as  to  personal  actions? 

72.  What  is  tlie  plea  of  est()]»])cl  ? 

73.  What  is  the  rule  as  to  singleness  ? 

74.  What,  as  to  directness,  certainty,  etc.  ? 

75.  What  is  a  verification  ? 

76.  What  is  confession  and  avoid.'ince? 

77.  Wli.-it  a  traverse? 

78.  W'h.'it  are  the  names  nf  the  ph-jis  in  lh<ii-  scvei'MJ  stages? 

79.  How  t'lir  does  the  riglit  U>  use  sevirnl  \>\i:i^  extend  ? 


72 

80.  Illustrate  the  effect  in  case  of  suit  on  bond  with  condition? 

81.  WJiat  is  tending  tlie  issue,  and  what  the  form? 

82.  What  is  the  departure  in  ])leading? 

83.  Wliat  a  new  assignment,  and  give  examples? 

84.  What  was  pleading  with  a  protestation? 

85.  What  is  the  rule  as  to  pleading  what  amounts  to  the  general 

issue  ? 
80.  What  is  giving  color  ? 
87.  What  is  the  similiter  f 
SS.  What  a  demurrer,  general  and  special  ? 
89.  What  is  a  plea^iw's  darrein  continuance  f 


BLACKSTONE. 

Book  ITI,  Chapters  XXII  and  XXIII. 

1.  What  is  trial  by  record  ? 

2.  How  is  the  issue  of  nul  tiel  record  tried  ? 

3.  How  in  this  country  ? 

4.  What  is  provided  by  the  Constitution  of  the  United  States 

as  to  records? 

5.  What  has  Congress  enacted? 

6.  What  is  the  effect  of  the  judgment  of  one  State  in  another? 

7.  What  is  trial  by  inspection? 

8.  How  would  the  appointment  of  a  public  officer  be  tried  in 

this  country  ? 

9.  What  was  wager  of  law,  and  in  what  cases  was  it  allowed  ? 

10.  What  was  trial  by  the  grand  assize? 

11.  What  was  the  first  step  towards  the  jury  trial  ? 

12.  What  came  to  be  the  practice  in  the  summoning  of  juries? 

13.  How  many  jurors  were  summoned? 

14.  How  many  sat  to  try  a  cause,  and  how  were  they  selected  ? 
1.5.  What  was  a  challenge  to  the  array,  and  what  the  grounds 

of  it? 

16.  What  is  a  challenge  to  the  polls? 

17.  What  cire  the  grounds  ? 


73 

18.  What  is  a  principal  challenge,  and  wliat  a  challenge  to  the 

favor  ? 

19.  How  is  the  latter  tried  ? 

20.  What  is  a  challenge  "  propter  delidtim  f  " 

21.  What  are  talesmen  ? 

22.  By  whom  are  questions  of  law  and  fact,  respectively,  tried  ? 

23.  Wiiat  means  the  rule,  that  a  fact  must  be  proved  by  the  best 

evidence  ? 

24.  What  is  secondary  evidence  ? 

25.  What  kind  of  apparently  hearsay  evidence  is  admitted  ? 

26.  How  is  the  attendance  of  a  witness  obtained  ? 

27.  What  is  a  subpcena  duces  tecum  ? 

28.  What  is  the  officer's  return  if  the  witness  is  not  found? 

29.  What  witnesses  are  incompetent  to  testify  ? 

30.  What  is  a  bill  of  exceptions  ? 

31.  To  what  court  did  the  writ  of  error  and  the  bill  of  excep- 

tions go  ? 

32.  What  is  a  demurrer  to  evidence? 

33.  In  what  other  way  can  mistakes  of  the  court  be  corrected  ? 

34.  How  in  this  country  ? 

35.  What   was   the  ancient   theory    upon   which  jurors   were 

selected  ? 

36.  What  is  the  present  ? 

37.  Can  jurors  act  upon  the  knowledge  of  one  of  their  number? 

38.  What  is  the  charge  of  the  court? 

39.  In  what  ways  may  a  verdict  be  rendered  ? 

40.  On  what  grounds  may  it  be  set  aside? 

41.  What  is  a  special  verdict? 

42.  What  is  a  verdict  subject  to  an  agreed  statement? 

43.  What  were  the  defects  in  trial  by  jury,  noticed  by  the  com- 

mentator ? 


74 


B  L  A  C  K  S  T  O  N  E. 
Book  III,  Chapters  XXIV,  XXV,  and  XXVI. 

1.  'What  is  the  poslcaf 

2.  What  is  clone  with  it? 

3.  What  proceedings  may  intervene  between  verdict  and  judg- 

ment ? 

4.  Is  the  granting  a  new  trial  a  matter  of  right  or  within  the 

discretion  of  the  court. 

5.  Does  an  appeal  lie  from  the  ruling  of  the  court  on  it? 

6.  How  must  facts  alleged  as  ground  for  new  trial  be  brought 

before  the  court  ? 

7.  What  was  formerly  the  remedy  for  an  improper  verdict? 

8.  What  is  arresting  the  judgment  ? 

9.  What  are  the  grounds  for  it? 

10.  What  is  the  judgment  on  arresting  the  judgment  ? 

11.  What  is  the  difference  between  the  case  where  the  whole  dec- 

laration is  bad  and  the  case  where  one  of  several  counts 
is  good,  but  the  verdict  general  ? 

12.  What  is  a  venire  facias  de  novo  ? 

13.  In  what  case  is  a  defect  cured  by  the  verdict  ? 

14.  What  is  a  repleader,  and  when  awarded  ? 

15.  How  many  kinds  of  judgments  are  there? 

16.  What  is  an  interlocutory,  and  what  a  final  one  ? 

17.  What  is  a  judgment  by  default  in  a  case  of  damages,  and 

what  further  proceedings  is  then  had  ? 

18.  How  of  judgment  on  demurrer  in  a  damage  case? 

19.  Is  a  judgment  for  defendant  ever  interlocutory  ? 

20.  What  is  the  form  of  judgment  for  either  party  ? 

21.  What  was  defendant's  recourse  if  dissatisfied  with  the  judg- 

ment ? 

22.  How  is  relief  given  in  this  country  in  similar  cases? 

23.  What  is  the  office  of  the  writ  of  error  ? 

24.  What  errors  may  be  corrected  by  it? 


75 

25.  What  amendments  may  be  made,  and  at  what  time  under 

existing  law  ? 

26.  What  amendments  may  be  made  after  judgment? 

27.  Does  the  writ  of  error  suspend  or  supersede  execution  on 

the  judgment? 

28.  What  is  the  proceeding  with  an  inferior  court? 

29.  What  were  the  various  writs  of  execution  called  in  real  ac- 

tions, ejectment,  replevin,  debt,  trespass,  or  case? 

30.  What  was  the  writ  of  capias  ad  satisfaciendum  f 

31.  What  was  tlu-  slierift^'s  duty  under  it? 

32.  How  if  he  allowed  defendant  td  go  at  large? 

33.  In  such  case,  could  he  retake  him  ? 

34.  How  if  the  escape  was  involuntary  ? 

35.  What  was  the  effect  of  taking  the  defendant  under  this  writ 

on  the  judgment 

36.  If  the  sheriff  returned  "  non  est  inventus  "  to  this  writ,  what 

was  the  plaintiffs  remedy? 

37.  What  was  the  form  of  proceeding  against  bail  ? 

38.  What  were  the  writs  against  the  property  ? 

39.  What  was  seized  under  the  writ  iA'  Ji.fa.  f 


BLACKSTONE. 

Book  III,  Ciiai-tku  XXVIII. 

1.  What  was  the  principal  origin  of  ec^uity  jurisprudence? 

2.  Is  the  court  of  equity  less  bound  by  statutes  than  the  com- 

mon law  courts? 

3.  What  is  the  difference  in  their  remedies  in  the  case  of  a  con- 

tract for  the  sale  of  land  ? 

4.  How,  in  case  of  a  contract  procured  by  fraud? 

5.  What  is  meant  l)y  equity  following  the  law? 

6.  How  of  tlie  maxims:  "  Wluui  eciuities  are  eipial,  the  law  i)re- 

vails ;"  "  He  who  seeks  ecpiity  must  do  equity  ;"  "  E(|uity 
delights  in  e(|iiality;"  and  "  h'(|nily  will  lonsider  that  as 
done  wliieli  was  agreed  to  be  done.  ' 


76 

7.  Give  examples  of  equity  relief  in  case  of  accidental  loss  ? 

8.  In  case  of  defective  execution  of  power? 

9.  In  whose  favor  is  relief  given  in  this  case? 

10.  What  difference  between  mistakes  of  fact  and  law? 

11.  Into  what  two  classes  do  frauds  distribute  themselves? 

12.  What  sort  of  misrepresentation  or  concealment  will  amount 

to  fraud? 

13.  What  is  constructive  fraud  ? 

14.  What  jurisdiction  does  a  court  of  ecjuity  exercise  in  matters 

of  account,  dower,  and  partition  ? 

15.  How,  as  to  specific  performance  of  personal  contracts? 

16.  Contracts  for  sale  of  land  ? 

17.  When  not  in  writing  ? 

18.  Injunctions? 

19.  Mortgages? 

20.  What  is  the  form  of  commencing  a  suit  in  equity? 

21.  How  is  answer  enforced  ? 
23.  How  is  testimony  taken  ? 

23.  What  is  an  interlocutory,  and  what  a  final  decree? 

24.  What  are  issues  ? 


BLACKSTONE. 

Book  IV,  Chapters  I  to  XIV. 


) 


1.  What  is  a  crime  ? 

2.  What  is  essential  to  make  a  crime? 

3.  Who  are  incapable  of  crimes  ? 

4.  At  what  age  is  a  child  doli  capax  f 

6.  Can  an  infant  under  fourteen  be  convicted  of  rape? 

6.  As  accessory  ? 

7.  In  what  cases  will  insane  delusion  be  a  defence,  and  in  what 

not? 

8.  How,  if  the  crime  be  not  connected  with  the  delusion  ? 

9.  What  effect  has  drunkenness  on  the  party's  responsibility  ? 
10.  How  does  it  affect  the  question  of  intent  ? 


77 

11.  How  does  mistake  of  law  or  fact  affect  the  question  of  guilt? 

12.  In  what  case  will  compulsion  excuse? 
18.  To  what  oflences  does  the  rule  apply? 

14.  Can  a  wife  be  convicted  as  accessory  to  husband? 

15.  Can  husband  and  wife  be  convicted  of  conspiracy? 

16.  What  are  principals,  and  what  accessories  ? 

17.  In  how  many  degrees  may  one  be  principal  ? 

18.  What  constitutes  presence  to  make  one  a  ju'incipal? 

19.  Will    presence,  without   actual  participation,  make  one  a 

principal? 

20.  How  can  one  be  principal  in  another's  suicide  ? 

21.  What  are  seconds  in  a  duel? 

22.  How  if  one  be  merely  travelling  to  the  place  of  action  ? 

23.  In  what  cases  of  crime  was  there  no  distinction  between 

principals  and  accessories? 

24.  To  wliat  extent  is  the  accessory  before  the  fact  responsible 

for  the  principal's  act  ? 

25.  What  acts  make  one  accessory  after  the  fact  ? 

26.  Would  concealment  by  wife  make  her  accessory  ? 

27.  Is  a  receiver  of  stolen  goods  an  accessory  ? 

28.  How  far  must  the  felony  be  complete  to  make  one  accessory  ? 

29.  How  was  accessory  to  be  punished' at  common  law? 

30.  On  trial  of  an  accessory,  what  weiglit  has  the  record  of  the 

principal's  conviction  ? 

31.  Can  one  accpiitted  as  principal,  be  convicted  as  accessory? 

32.  Whatare  thecommon  law  oflences  againstthe  law  of  nations? 

33.  What  is  piracy  ? 

34.  What  was  petit  treason  at  common  law? 

35.  Wliat  the  principal  high  treason  as  defined  hy  statute? 

36.  Do  words  or  intentions  ever  nmount  to  treason? 

37.  Wliat  is  treason  against  the  United  Sliites? 

38.  Is  a  conspirncy  to  levy  war  against  the  United  States  treason  ? 

39.  What  is  adhering  to  the  enemies,  etc.? 

40.  How  must  treason  be  proved? 
■1 1.    \\'li;it  were  felonies? 

\'J..   \\'li;it  are  considered  felonies  in  lliis  country? 
l."').  What  WAS  pr.-ciiiunirc  f 


78 

44.  What  misprisions? 

45.  What  was  barratry  ?     Maintenance?     Champerty? 
4fi.  Wliat  was  perjury? 

47.  What  will  amount  to  it? 

48.  Under  what  circumstances  must  the  oath  be  administered  ? 

49.  In  what  kind  of  court  ? 

50.  Must  it  be  in  a  cause  pending? 

51.  How  material  must  the  fact  be? 

52.  What  is  subornation  of  perjury  ? 

53.  What  is  an  affray  ? 

54.  What  an  unlawful  assembly? 

55.  Rout?     Riot? 

56.  What  is  necessary  to  make  a  riot? 

57.  How  of  persons  j^resent  at  a  riot  and  not  aiding  to  suppress 

it? 

58.  How  of  a  frolic  carried  on  with  alarming  demonstrations  ? 

59.  What  is  forcible  entry  and  detainer? 

60.  What  amounts  to  a  forcible  entry  and  what  not? 

61.  What  is  libel? 

62.  How  does  the  criminal  differ  from  the  civil  law  of  libel  ? 

63.  Is  the  truth  a  defence  to  an  indictment? 

64.  What  is  scandnluin  magnntum  f 

65.  What  are  privileged  communications? 

66.  Wluit  are  the  functions  of  the  jury  in  case  of  libel? 

67.  What  is  usury  ?     What  is  cheating? 

68.  What  false  pretences  ? 

69.  Forestalling?     Regrating?     Engrossing? 

70.  What  kind  of  false  pretence  is  criminal  ? 

71.  Is  the  representation  of  a  future  act,  to  be  done? 

72.  A  nuisance  is  what? 


BLACKSTONE. 

Book  IV,  Chapters  XIV  to  XVIII. 

1.  How  many  kinds  of  homicide  are  there  ? 

2.  What  is  justifiable? 


79 

3.  What  if  a  judge,  without  lawful  commission,  condemns  to 

death,  or  an  officer  executes? 

4.  How  if  the  place,  time,  or  form  of  death  is  varied? 

5.  What  justifies  homicide  by  permission? 

6.  Will  prevention  of  crimes  not  accompanied  with  force  jus- 

tify homicide? 

7.  What  is  the  difference  between  justification  and  excuse? 

8.  Excusable  homicide  is  what? 

9.  What  if  a  person  be  engaged  in  an  unlawful  act? 

10.  Or  a  dangerous  act? 

11.  How  of  self-defence? 

12.  What  is  the  difference  between  killing  in  self-defence  and 

manslaughter? 

13.  What  does  the  law  require  a  party  to  do  in  case  of  deadly 

assault  ? 

14.  How  in  a  duel  if  one  retreat  and  then  kill? 

15.  In  whose  defence  may  one  kill  another  ? 

16.  Can  one  kill  in  defence  of  his  property  from  mere  trespass  ? 

17.  In  case  of  excusable  homicide  what  is  the  i)unishment? 

18.  What  is  manslaughter? 

19.  ^^'hat  provocation  will  reduce  homicide  from  murder  to 

manslaughter? 

20.  How  as  to  the  proportion  between  the  provocation  and  the 

resentment? 

21.  How  if  one  find  a  mere  trespasser  on  his  lands  and  beat  his 

brains  out? 

22.  If  words  lead  to  a  fight  and  one  is  killed  in  the  heat  of  it, 

what  is  it? 

23.  How  if  the  provocation  was  a  mere  excuse  for  gratifying  an 

ohl  enmity? 

24.  What  arc  cases  of  involuntary  luMiislaiighter? 

25.  How  does  the  character  of  the  act  being  done  affect  the  acci- 

dental killing? 
2().  If  A  strikes  B's  horse  so  that  he  runs  over  and  kills  a  child, 

what  is  it? 
27.    Il<»w  of  an  aeeidcntnl  lioiuicidc  by  one  of  several  consijiring 

to  commit  felony  ? 


80 

28.  How  if  he  turn  aside  to  commit  felony  foreign  to  the  com- 

mon purpose? 

29.  What  of  death  resulting  Ironi   carelessness;  e.g.,  throwing 

down  a  hrick  from  a  house? 

30.  How  of  undue  correction  of  child  or  apprentice  ? 

31.  How  of  malpractice  by  a  physician? 

32.  How  is  manslaughter  treated  as  to  punishment? 

33.  What  is  murder  ? 

34.  Who  are  incapable  of  committing  it? 

35.  Can  an  unborn  child  be  murdered  ? 

36.  What  is  the  rule  about  the  corpus  delicti  f 

37.  Within  what  time  must  death  follow  an  injury  to  make  it 

murder;  why  ? 

38.  What  is  the  difference  between  malice  expressed  and  im- 

plied ? 

39.  In  what  cases  will  malice  be  implied  when   the  killing  is 

upon  sudden  provocation  ? 

40.  How   if  one  attempts   to  kill   one  and  accidentally  kills 

another  ? 

41.  How  if  a  man  drive  recklessly  into  a  crowd  or  let  loose  a 

ferocious  beast,  etc.  ? 

42.  What  was  petit  treason  at  common  law? 

43.  What  is  mayhem  ? 

44.  How  far  is  intention  necessary  ? 

45.  What  if  one  knock  out  a  fore  tooth  accidentally  in  the  heat 

of  a  fight  ? 

46.  Can  husband  be  guilty  of  rape  upon   his  wife?     Of  being 

accessory  to  rape  by  another? 

47.  At  what  age  could  a  female  consent  to  carnal  connection  so 

that  it  would  not  be  rape  ? 

48.  What  constitutes  force ;  and  is  it  rape  if  submission  is  se- 

cured by  threats  of  death  ? 

49.  How  if  a  woman  is  deceived  into  the  belief  that  the  man  is 

her  husband  or  that  she  is  undergoing  medical  treatment  ? 

50.  How  if  the  woman  be  drugged  ? 

51.  Can  a  prostitute  be  the  subject  of  rape  ? 


81 

52.  Would  her  character  be  properly  in  evidence  on  an  indict- 

ment for  rape  ? 

53.  How  does  intent  to  kill  or  ravish  atl'ect  t\w  criminal  char- 

acter of  an  assault  ? 

54.  A\"hat  was  arson  ? 

55.  How  much  burning  is  necessary'  ? 

56.  Will  negligent  setting  on  fire  amount  to  arson? 

57.  Will  burning  one's  own  house  be  arson  ? 

58.  How  if  under  lease  ? 

59.  What  kind  of  house  is  subject  to  arson  ? 

60.  What  is  burglary  ? 

61.  What  house  is  the  subject  of  it? 

62.  How  with  the  room  of  a  college  student  or  boarder  ? 

63.  How  of  a  town-liouse  of  a  corporation  ? 

64.  What  is  a  sufficient  breaking? 

65.  Is  entry  through  open  door  or  window? 

66.  Is  l)reaking  a  pane  of  glass  and  putting  the  hand  in  and 

stealing  sonu-thing  ? 

67.  Opening  with  a  skeleton  key  ? 

68.  How  if,  being  inside  by  stealth,  the  thief  unlocks  an  inside 

door  ? 

69.  How  of  entry  by  trick,  lalse  pretence,  or  show  of  authority, 

foHowcd  U})  ])V  a  felonious  attempt  to  rol>? 

70.  JIow  of  entry  through  conspiracy  with  a  servant? 

71.  Would  this  ))e  the  burghiry  by  l)oth  ? 

72.  Wliat  must  be  the  intent? 

73.  What  is  averred  in  the  indictment  for  l)urglary? 

74.  What  is  larceny,  simj)le  ami  comiK)Uiid  ? 

75.  What  are  the  essential  elements? 

76.  What  taking  is  necessary  ? 

77.  In  what  cases   may  oJic,  ah'rady   in    possession,  lake   felo- 

niously ? 

78.  On  what  principle? 

79.  How  of  a  l)ale  opened  by  a  (  airier? 

80.  How  of  goods  olitainiil  liy  iVand  with  iiitiiil  tusleal? 

81.  How,  if  the   original    taking  was    innocent,  and    Ihe   party 

ciianged  his  mind  and  detei'niined  to  convert? 


82 

82.  Can  a  man  steal  his  own  goods,  and  when  ? 

83.  Can  a  wife  steal  her  husband's  goods? 

SI.   What  kind  of  removal  is  sufficient  to  make  a  taking? 

85.  What  intent  is  necessary  ? 

86.  How,  if  a  horse  is  taken  and  let  loose  ? 

87.  What  is  the  subject  of  larceny  ;  are  bonds,  l)ills,  etc.? 

88.  How  as  to  ownership  ? 

89.  Wliat  is  robbery  ? 

90.  What  amounts  to  putting  in  fear? 

91.  Is  furtive  taking  and  forcible  holding  robbery? 

92.  What  is  the  punishment? 

93.  What  is  forgery  ? 

94.  What  uttering? 


BLACKSTONE. 

Book  IV,  Chapter  XVIII  to  end. 

1.  What  is  a  recognizance? 

2.  Wliat  its  object?  ' 

3.  What  was  done  with  it  on  breach  ? 

4.  How  is  it  forfeited  ? 

5.  How  discharged  ? 

6.  What  courts  have  criminal  jurisdiction? 

7.  What  jurisdiction  had  the  House  of  Peers  and  Court  of  the 

Lord  High  Steward  ? 

8.  What  corresponds  with  it  in  this  country  ? 

9.  What  was  the  jurisdiction  of  the  King's  Bench  and  Courts  of 

Nisi  Prius? 

10.  How  were  ofiences  inquired  into  in  these  courts? 

11.  What  are  summary  proceedings? 

12.  What  restraints  are  imposed  on  the  inferior  courts? 
18.  What  must  ap])ear  in  their  proceedings? 

14.  In  what  case  will  writ  of  certiorari  issue  and  at  what  stage  of 

tlie  proceedings  below? 

15.  How  are  contempts  dealt  with  ? 


83 

16.  What  are  contempts  ? 

17.  \Mio  is  to  judge  of  the  fact  of  contemj)!? 

18.  What  is  the  limit  to  the  judge's  power? 

19.  Wliat  is  a  warrant  and  by  whom  issued  ? 

20.  On  what  evidence  does  a  justice  issue  his  warrant  ? 

21.  What  is  its  form? 

22.  How  must  the  accused  be  described  ? 

23.  \\'ill  a  warrant  wholly  illegal  in  form,  justify  an  officer  who 

arrests  ? 

24.  How  of  a  regular  warrant  ? 

25.  At  what  time  and  place  may  criminal  warrants  be  executed  ? 

26.  When  may  an  officer  arrest  without  warrant? 

27.  When  the  sherifi'  or  coroner? 

28.  How,  if  an  officer  arrest  without  warrant  or  information  ? 

29.  What  may  be  done  by  an  officer  in  attempting  to  arrest  a 

felon  ? 

30.  When  may  a  private  person  make  an  arrest? 

31.  Wiiat  may  he  do  in  making  the  arrest? 

32.  What  may  a  jirivate  person  do  to  prevent  a  Iclony  ? 

33.  What  is  to  be  done  on  arrest? 

34.  How  is  the  accused  to  ])e  examined  ? 

35.  In  what  cases  is  bail  admitted  ? 

36.  Wliat  of  excessive  bail? 

37.  What  is  tlie  commitment  ? 

38.  What  is  an  indictment,  and  what  a  [)rcs('iiiiiuiit  ? 

39.  What  effect  had  the  inquest  of  a  coroner's  jury  at  connnon 

law  ? 

40.  How  in  this  countrv? 

41.  What  is  a  grand  jury? 

42.  What  is  their  action  V 

43.  What  rules  govern  as  to  tlir  I'nrm  oftln'  indirlmcnt  ? 

44.  Wliat  are  informations? 

45.  What  was  an  appeal  ? 

4(').   Wiial  was  outlawry,  and  what  tlio  effect  <>('  a   iudgmtnt  of 

outlawry  ? 
47.  What  is  the  arraignment? 


84 

48.  Could  tlio  accessory  be  arraigned  before  the  principal's  con- 

viction? 

49.  When  may  he  be  tried? 

50.  What  was  standing  mute,  and  what  the  consequence? 

51.  What  are  the  general  pleadings  to  indictments? 

52.  What  judgment  is  given  if  a  demurrer  is  overruled? 

53.  Can  a  motion  in  arrest  be  made? 

54.  What  are  the  usual  pleas  in  bar? 

55.  What  is  the  effect  of  a  former  conviction  or  acquittal  of  the 

same  offence? 

56.  What  if  the  former  proceedings  resulted  in  a  disagreement 

and  discharge  of  the  jury  or  the  judgment  was  arrested? 

57.  What  was  the  eff"ect  of  a  former  attainder  for  another  off'ence  ? 

58.  How  is  a  pardon  pleaded  ? 

59.  If  a  special  plea  be  found  against  the  prisoner  or  had  on 

demurrer,  what  then  ? 

60.  What  right  of  challenge  had  the  prisoner? 

61.  How  if  he  challenged  more  than  35? 

62.  In  what  cases  are  more  than  one  witness  necessary  to  convict? 

63.  Can  the  jury  render  a  privy  verdict  as  in  civil  cases? 

64.  May  they  render  a  special  verdict? 

65.  How  far  will  a  court  interfere  with  a  verdict? 

66.  On  conviction  of  larceny,  what  rights  enured  to  the  prose- 

cutor ? 

67.  At  common  law,  what  Avere  his  rights  as  to  the  stolen  goods  ? 

68.  What  was  the  benefit  of  clergy? 

69.  What  is  the  result  of  legislation  on  this  subject? 

70.  Upon  the  verdict  of  guilty,  what  next  in  felonies  and  misde- 

meanors ? 

71.  Are  errors  cured  by  verdict  as  in  civil  cases  ? 

72.  On  what  ground  can  the  judgment  be  arrested? 

73.  What  was  the  effect  of  judgment  of  death  ? 

74.  What  the  diff'erence  between  mere  conviction  and  attainder  ? 

75.  What  forfeiture  resulted  ? 

76.  How  far  back  does  it  go? 

77.  How  if  a  party  die  before  judgment  or  is   killed   in  open 

rebellion  ? 


85 


78.  What  difference  between  the  lands  and  the  goods  ? 

79.  ^\'as  a  writ  of  error  necessary  when  a  court  had  not  juris- 

diction ? 

80.  What  of  execution  in  such  cases? 

81.  How  far  was  a  purchaser  from  a  prisoner  bound  by  his  con- 

viction ? 

82.  Reprieve  and  pardon  are  what  ? 

83.  In  what  cases  and  by  whom  were  prisoners  reprieved  ? 

84.  To  what  extent  could  the  king  pardon? 

85.  May  the  pardon  be  conditional  ? 

86.  How  soon  must  it  be  pleaded  ? 

87.  What  effect  has  attainder? 

88.  Do  the  time  and  place  of  tlie  execution  form  part  of  tlie 

judgment? 

89.  Could  the  punishment  prescribed  be  changed  ? 


PARSONS   ON   CONTRACTS. 

JOINT  CONTRACTS. 
Book  I,  Chapters  1,  2. 

1.  What  is  a  contract  ? 

2.  An  obligation  ? 

3.  A  parol  contract? 

4.  What  is  a  joint  contract  ? 

5.  What  a  joint  and  several  ? 

0.  Can  a  contract  be  joint  and  severfil  as  to  the  obligees  ? 

7.  What  is  the    difference  between   Ihc  righls  and   liabilities 

under  a  joint  contract  ? 

8.  Can  a  jiarty  treat  the  contract  as  joint  in  reference  to  some 

but  not  all  of  the  promisors  ? 

9.  How  must  he  sue  on  joint  antl  scvrrnl  contracts? 
in.   WIhic  two  promise,  is  it  pn^sunird  jdinl  or  sc^vcral  ? 

II.    What  lias  the  (question  of  iiilciiist  in  llic  sulijicl  to  do  with 
the  construction  ? 


86 

12.  Wliere,  on  lease  by  several  tenants  in  common,  tenants 
covenanted  to  pay  separate  rents  to  each,  was  it  held 
joint  to  the  lessors,  or  several? 

i:\.  How  if  the  several  interests  of  the  promisees  grow  out  of  the 
contract  itself  and  did  not  exist  before? 

14.  How  of  a  promise  to  several  to  pay  an  annuity  to  one? 

15.  If  that  one  died,  what? 

1().  If  tlic  i)romise  is  to  pay  to  several,  is  it  several,  because  their 
respective  interests  are  designated? 

17.  How  of  covenants  implied  by  law,  as  on  a  lease  by  several 

tenants  in  common  ? 

18.  If  several  loan  money  in  separate  sums  to  one,  how  is  his 

promise  construed  in  case  of  doubt? 

1 9.  If  a  gross  sum  made  up  by  subscriptions  be  loaned  by  several, 

how? 

20.  Can  a  purely  joint  contract  be  severed  by  consent? 

21.  How  does  a  release  by  one  of  several  joint  oblig-ees  affect  the 

joint  debt? 

22.  How  of  a  release  by  creditors  to  one  of  several  joint  debtors  ? 
28.  How  of  a  release  to  one  of  several  joint  and  several  debtors  ? 

24.  If  a  formal  release  under  seal  be  given  to  one  of  several 

debtors,  and  the  other  promises  to  remain  bound,  what 
effect  has  it? 

25.  What  is  the  difference  between  a  release  and  a  covenant  not 

to  sue? 

26.  What  between  a  general  covenant  not  to  sue  a  single  debtor 

and  one  not  to  sue  one  of  several  debtors  ? 

27.  What  is  the  effect  of  a  release  to  one  with  reservation  of 

.right  to  sue  the  other? 

28.  How  is  releasor  to  sue  the  others  in  such  case? 

29.  What  is  the  effect  of  a  discharge  in  bankruptcy  of  one  of 

several,  as  a  release  ? 

30.  How,  if  procured  at  the  creditor's  instance  ? 

31.  What  of  an  accord  and  satisfaction  with  one,  and  how  far 

must  it  go? 

32.  How  of  a  release,  in  this  respect  ? 


87 

33.  What  was  the  effect  of  death  of  one  of  several  joint  obligors  ? 

34.  Of  all  except  one  ? 

35.  Is  there  any  right  of  action  against  the  executors  of  the 

deceased  ? 

36.  Has  the  survivor  any  right  of  contril)ution  against  the  de- 

ceased's estate  ? 

37.  How,  if  survivor  was  surety  and  deceased  principal? 

38.  What  is  the  effect  of  death  where  the  contract  is  joint  and 

several  ? 

39.  How  of  death  of  one  of  several  obligees  ? 

40.  How  of  distribution  after  recovery  ? 

41.  What  is  the  creditor's  remedy  against  joint  debtors  after 

judgment? 

42.  What  against  joint  and  several  debtors  ? 

43.  What  is  the  effect  of  judgment  on  a  joint  note? 

44.  How  on  a  joint  and  several  note? 

4.").  What  is  the  best  way  to  sue  on  a  joint  and  several  note? 
40.  How  are  the  expressed  and  implied  obligations  of  joint 
trustees,  executors,  etc.,  treated? 

47.  What  rights  has  one  of  several  debtors  compelled  to  pay  the 

whole? 

48.  Is  there  any  difference  whotlior  the  co-contractors  are  prin- 

ci])als  or  sureties? 

49.  Must  the  ])ayment  be  compulsory  to  entitle  to  an  action  for 

contril)ution? 
o(J.  W  one  of  several  sureties  dies,  can  the  survivor  who  pays 
the  debt,  even  in  equity,  compel  contribution  ? 

51.  What  contribution  can  be  required  at  law? 

52.  In  equity? 

53.  What  of  collaterals  tliat  one  surety  may  have? 

54.  Is  the  obligation  of  several  sureties  to  contribute  to  one  who 

has  paid  in  full,  j(jint  or  several  ? 

55.  What  effect  would  a  release  to  one  Iiave  on  the  obligation  of 

the  others  ? 

50.  Fnjm  what  time  does  this  obligation  of  (•()ntributi(tn  date  ? 
57.   If  one  surety  is  discharged  as  to  the  ercdilor.  docs  that  dis- 
charge the  contract  of  contribution? 


88 

58.  Is  there  uii}'  duly  of  contribution  in  case  of  successive  in- 

dorsers  ? 

59.  IIow  if  tliey  are  all  accommodation  parties? 

60.  Can  one  of  joint  makers  of  a  note  revive  a  debt  barred  by 

limitations? 

61.  J  low  of  joint  anil  several  makers? 

62.  AVHiat  is  the  contract  of  partnership,  joint  or  joint  and  several? 


PARSONS  ON  CONTRACTS. 

AGENCY. 
Book  I,  Chapters  3,  4. 

1.  Who  are  capable  of  appointing  agents,  and  who  incapable  ? 

2.  Who  may  act  as  agents  ? 

o.  Can  one  be  agent  and  principal  also  ? 

4.  Can  one  discharge   duties  which  involve  personal  trust  by 

another? 

5.  Can  an  agent  act  by  an  agent  ? 

6.  What  exceptions  ? 

7.  What  is  the  difference  between  general  and  special  agent? 

8.  Of  what  importance  is  the  distinction  ? 

9.  How  far  is  a  third  person  dealing  with  the  agent  affected  by 

private  instructions  ? 

10.  What  is  an  attorney  in  fact  ? 

11.  How  can  an  agent  be  authorized  to  execute  sealed  instru- 

ments ? 

12.  How  to  execute  simple  contracts  ? 

13.  How,  if  they  are  within  the  Statute  of  Frauds  ? 

14.  What  effect  has  a  ratification  of  agent's  acts? 

15.  How  if  he  make  a  contract  within  the  Statute  of  Frauds? 

16.  Can  a  deed,  made  in  the  principal's  name,  be  ratified  by 

parol  ? 

17.  How,  if  the  agent  acts  in  his  own  name,  can  his  acts  be 

made  those  of  nnotlicr  bv  ratification? 


89 

18.  What  excepti(ins   are  there  to  the  effect  of  a   ratification? 

Examples. 

19.  What  as  to  tenants? 

20.  Commercial  paper? 

21.  Conversion  from  demand  and  refusal? 

22.  Can  the  principal  ratify  s6  as  to  acquire  rights? 

23.  How  if  he  ratify  an  insurance  after  loss? 

24.  In  what  cases  can  a  contract  h}'  deed  be  ratified  by  parol  ? 

25.  Can  principal  ratify  sub-agent's  acts? 

26.  Can  agent  do  so  ? 

27.  What  is  the  effect  of  ratification  ? 

28.  How  must  agent  execute  a  deed  for  his  principal? 

29.  How  if  he  signs  his  own  name  with  a  seal  ? 

30.  What  the  effect  of  so  executing  a  lease  in  the  principal's 

name  ? 

31.  How  as  to  informal  contracts  by  parol? 

32.  If  no  principal  is  named,  is  the  agent  bound  when  the  prin- 

cipal is  discovered? 

33.  Is  the  latter? 

34.  How  can  he  be  sued  on  a  written  contract  if  not  named? 
3o.  Does  an  authorit}'  to  collect  (lol)ts  include  an  authority  to 

submit  to  arbitration  ? 
3G.  Can  one  autliorized  to  sell,  sell  on  credit? 

37.  Can  an  agent  pledge  his  jn-incipal's  goods? 

38.  Can  an  agent,  supplied  with  acceptances  in  blank,  bind  his 

princi])al  Ijy  a  transfer  of  them? 

39.  When  a  contrac-t  is  made  liy  an  agent,  who  can  sue  on  it,  as 

to  deeds  and  other  written  instruments? 

40.  Can  a  princip:d  sue  on  a  contract  to  which  he  is  not  a  party  ? 

41.  Wliat  exceptions  are  there? 

42.  ilow  ill  ordinary  ver])al  transactions,  as  sales  or  purchases 

by  ail  agent  V 

43.  How  if  the  agent,  meanwiiih.',  has  settled  with  the  j)rincipal 

or  a  third  person? 

44.  Can  tlu;  princijtal  cnl  out  tlie  agent's  lien  on  thedelit  forliis 

coirimission  ? 
4-3.  Or  defeat  any  set-oil' between  the  agent  .nul  tiie  third  person? 


90 

46.  In  what  eases  is  the  agent  liable  to  third  persona  on  a  con- 

traet  ? 

47.  How  if  in  the  instrument  unauthorized  there  are  no  words  to 

charge  him  ? 

48.  If  it  is  a  deed  in  name  of  the  principal  ? 

49.  llow  if  there  is  no  responsible  principal? 

5U.  How  of  agents  for  voluntary  associations,  clubs,  etc.? 

51.  What  has  the  fact  of  giving  exclusive  credit  to  one  or  the 

other  to  do  Avith  it? 

52.  What  is  the  rule  as  to  revocation  of  agency  ? 

53.  What  effect  has  death  ? 

54.  What  notice  is  necessary  to  third  persons? 

55.  How,  when  an  agency  is  partly  executed  ? 

56.  How,  of  an  authority  coupled  with  an  interest? 

57.  How  if  given  for  value? 

58.  What  kind  of  interest  must  it  be? 

59.  In  case  of  value  given  for  it,  what  is  the  difference  between 

revocation  by  act  of  law  and  by  act  of  party  ? 

60.  What  is  the  effect  of  an  agent's  death  ? 

61.  For  what  acts  of  the  agent  is  the  principal  responsible? 

62.  How  does  notice  to  the  agent  affect  the  principal  ? 

63.  Can  an  agent  set  up  a  stranger's  title  ? 

64.  Can  he  buy  his  principal's  property  ? 

65.  How,  if  he  mixes  his  principal's  property  with  his  own  ? 

66.  What  difference  is  therebetween  public  and  private  agents ? 

67.  What,  between  factors  and  brokers? 

68.  What  is  a  del  credere  agent  ? 

69.  Is  the  agent  principal  debtor  or  merely  guarantor  ? 

70.  What  can  the  factor  do  with  his  principal's  goods  ? 

71.  What  rights  has  he  as  against  his  principal  ? 

72.  Has  a  broker  any  lien? 

73.  Can  either  be  agent  of  both  parties  ? 


91 


PARSONS  ON  CONTRACTS. 

Book  I,  Chapter  12. 

1.  What  is  a  partnership  ? 

2.  What  is  the  difference  between  partnership  inter  sese  and  as 

to  third  persons  ? 

3.  In  what  may  the  partnership  exist  ? 

4.  Is  there  a  partnership  in  real  estate  at  common  law? 

5.  Where  one  partner  dies,  is  his  interest  in  the  real  estate  of 

the  firm  to  be  considered  real  or  personal  as  to  his  heirs 
or  widow? 

6.  What  is  the  good-will  of  a  partnership  ? 

7.  How  far  will  the  courts  recognize  it  ? 

8.  How  of  a  professional  partnership  ? 

9.  Can  the  membership  of  a  partnership  be  changed  without 

the  consent  of  all? 

10.  What  is  the  ellect  of  an  assignment,  by  one,  of  all  his  interest? 

11.  How  of  an  assignment,  by  all,  lor  the  benefit  of  creditoi'B ; 

do  the  assignees  become  partners? 

12.  Will  an  action  lie  on  an  agreement  to  become  partners? 

13.  Will  a  Court  of  Equity  specifically  enforce  it? 

14.  Wiiere  for  a  term  certain? 

15.  WMiat  effect  has  a  sharing  of  profits  only  between  parties 

iiUer  sese  ? 

16.  How  if  a  part  of  the  profits  are  set  aside  to  pay  creditors,  do 

the  latter  become  partners  ? 

17.  How  if  two  firms,  engaged  in  distinct  trades,  agree  to  divide 

losses  and  profits? 
18    What  is  the  effect  of  sharing  profits  only  ? 

19.  What  of  a  loan  to   a  firm  for   interest  and   a  siiare  in   the 

profits? 

20.  In  what  case  will  a  sharing  of  profits  not  make  one  partner 

as  tn  tliii'l  persons? 

21.  Df)eH  joint  ownership  rnak<!  a  partnership? 

22.  What  beyond  that  is  necessary  ? 


92 

23.  What  right,  of  suit  exists  between  partners? 

24.  If  one  collects  money  can  the  other  sue  at  law  for  a  share  of 

it? 

25.  Can  one  sue  the  other  on  special  contracts  relating  to  the 

business  of  the  firm? 
2G.  If  one  is  a  member  of  two  firms,  how  can  one  sue  the  other  ? 

27.  What  are  dormant  partners  ? 

28.  On  what  contracts  of  the  firm  are  they  responsible? 

29.  Is  it  necessary  for  them  to  sue  and  be  sued  ? 

30.  On  what  contracts  would  they  be  suable,  made  after  their 

separation  from  the  firm  ? 

31.  Who  may  dissolve  the  partnership  as  to  third  persons? 

32.  How  does  a  contract  to  continue  for  a  certain  time  affect  the 

right? 

33.  What  notice  is  necessary  ? 

34.  How  if  there  was  no  notice,  as  to  one  who  never  knew  the 

dormant  partner  was  a  member  ? 

35.  How  far  is  he  bound  on  old  contracts  ? 

36.  How  is  he  discharged  from  them  ? 

37.  How  if  a  creditor  continue  an  account  current  with  the  new 

or  remaining  members  ? 

38.  What  is  a  nominal  partner  ? 

39.  What  are  his  liabilities  ? 

40.  When  does  the  partnership  l)egin  when  several  purchase 

property  for  joint  use  in  business  ? 

41.  How  far  can  one  partner  bind  the  firm  ? 

42.  By  admissions  ? 

43.  What  limit  is  there  to  the  power? 

44.  How  about  borrowing  money  in  the  firm  name  and  after- 

wards misapplying  it  ? 

45.  Can  one  sell  or  assign  the  whole  partnership  property  ? 

4G.  Does  money  borrowed  in  a  private  name  and  used  for  part- 
nership purposes  become  a  partnership  debt? 

47.  Can  one  partner  bind  the  other  by  contracts  as  to  realty  ? 

48.  Can  a  stranger  take  partnership  paper  for  individual  debts? 

49.  Can  one  generally  give  a  guaranty  in  the  name  of  the  firm  ? 

50.  How  as  to  releases,  notices,  etc.,  to  and  by  one  of  the  firm  ? 


93 

51.  Can  one  bind  the  others  by  deed? 

52.  In  what  case  may  he  do  so? 

53.  How  of  a  parol  authority  or  ratification  ? 

54.  How  of  releases  ? 

55.  How  if  the  sealed  instrument  would  be  valid  without  seal  ? 

56.  How  of  confessing  a  judgment  against  the  firm  ? 

57.  Is  the  one  executing,  etc.,  in  these  cases  bound  ? 

58.  Does  a  majority  control? 

59.  How  does  dissolution  take  place  ? 

60.  Can  one  dissolve  at  pleasure  a  partnershi})  for  a  term  certain  ? 

61.  What  is  the  effect  of  an  assignment  by  one  partner? 

62.  What  is  the  effect  of  the  death  of  one  ? 

63.  How  of  insanity,  imprisonment  iox  life,  etc.  ? 

64.  Bankruptcy? 

65.  Can  executor  carry  on  a  partnership  business,  and  what  is 

his  liability  ? 

66.  On  death  of  one  what  becomes  of  the  assets? 

67.  What  are  the  rights  of  the  administrators  of  deceased  ? 

68.  What  remedy  has  a  creditor  of  a  firm  ? 

69.  What  the  creditors  of  one  partner? 

70.  What  does  he  acquire  by  levy  and  purchase  ? 

71.  How  are  the  assets  administered  in  case  of  insolvency,  or 

in  equity? 

72.  While  i)artnership  is  in  existence  can  joint  creditors  assert 

any  lien  or  i)revent  distrilnition  among  partners? 

73.  What  are  limited  i)artncrships? 


PAKSONS    ON    CONTRACTS. 

Book  I,  Chapters  13,  14. 

1.  W'liat  is  a  novation  ? 

2.  What  is  (jssciitial  lo  it? 

'A.    What  is  tlic  iiiN'  in  (■<|iiity  almut  assigiininit  of  (k'bts  ? 
1.   What  assiguiiicnt  <k)es  a  couil  nf  law  recognize? 
.").   Ilitw  of  a  (■hc(;k  (h'awn  on  a  hank  ? 


94 

6.  \Vhiit  equities  would  an  assignment  of  a  debt  be  subject  to  ? 

7.  What  eilect  has  tlie  assignment  of  a  debt  upon  the  securities  ? 

8.  What  amounts  to  an  equitable  assignment  of  a  fund? 

9.  If,  after  assignment,  the  debtor  should  pay  the  assignor,  what 

remedy  would  assignee  have  ? 

10.  How  are  covenants  of  title  assigned  ? 

11.  What  covenants  pass  by  a  transfer  of  title? 


PARSONS    ON    CONTRACTS. 

Book  II,  Chapters  1,  2. 

1.  What  is  a  consideration  ? 

2.  Does  a  deed  require  a  consideration  ? 

3.  What  will  be  a  sufficient  consideration? 

4.  What  is  a  gift? 

5.  Is  a  moral  consideration  sufficient  ? 

6.  How  of  a  promise  by  a  widow  to  pay  for  necessaries  bought 

during  coverture? 

7.  How  if  goods  are   furnished  on  the  faith  of  her  separate 

estate  and  a  subsequent  promise  is  made  ? 

8.  What  is  required  as  to  the  adequacy  of  the  consideration  ? 

9.  How  in  the  case  of  foolish  bargains,  and  extravagant  under- 

takings for  small  consideration  ? 

10.  How  if  a  promise  is  founded  on  an  obligation  erroneously 

assumed  to  exist? 

11.  How  of  a  promise  to  one  in  consideration  of  his  doing  some- 

thing which  he  is  already  bound  to  do  ? 

12.  Is  the  settlement  and  compromise  of  doubtful  claims  a  valu- 

able consideration  ? 

13.  Dismissal  of  a  suit?     Forbearance?     How  if  the  claim  is 

ill-founded  ? 

14.  Need  the  promisor  be  interested  in  the  suit? 

15.  What  inconvenience  to  promisee  is  sufficient? 

16.  Is  a  legal  obligation  sufficient  without  new  consideration  ? 


95 

17.  Is  an  agsignment  which  could  only  be  enforced  in  equity 

sufficient? 

18.  Will  a  past  consideration,  as  work  or  service  rendered  gra- 

tuitously, suffice  ? 

19.  In  what  case? 

20.  Is  there  any  difference  between  not  doing  and  misdoing  as 

to  gratuitous  promises? 

21.  What  is  an  executor}^  consideration, and  what  is  sufficient? 

22.  What  is  mutuality  and  the  effect  of  its  absence? 

23.  How  if  I  promise  to  pay  money  if  another  will  furnish  goods 

to  a  third  person  ? 

24.  How  if  I  revoke  the  promise  ? 

25.  What  exceptions  to  the  general  rule  of  mutuality  are  there  ? 

26.  How  of  subscrii>tions  to  stock,  is  there  mutuality  ? 

27.  How  if  expenses  are  incurred  on  tlie  faith  of  the  subscrip- 

tions ? 

28.  How  of  subscriptions  under  seal? 

29.  How  if  one  of  several  considerations  is  frivolous  or  is  in- 

sufficient, as  in  consideration  of  the  forbearance  of  a  good 
debt  and  a  bad  one  ? 

30.  How  if  part  of  the  consideration  is  illegal? 

31.  How  if  the  consideration  is  good  but  part  of  the  promises 

illegal  ? 

32.  How  if  there  is  a  legal  promise  on  one  side  and  on  the  other 

several,  of  wliich  one  is  illegal? 

33.  What  of  an  iiiipossiblc  consideration? 

34.  What  kind  of  impossibility  must  it  bo? 

35.  How  of  a  promise  to  do  what  is  beyond  the  pecuniary  means 

only  of  the  jjromisor? 

36.  How  if  the  consideration  wiis  [)ossil)U'  at   the  time  the  con- 

tract was  made,  but  became  im})ossible  afterwards? 

37.  W'hat  is  a  failure  of  consideration? 

38.  What  is  the  effect  of  a  total  faihirc? 
30.  Wliat  is  the  effect  of  a  i)artial  failure? 

40.  When  divisible?     When  not? 

41.  IFow  take  advantage  of  a  partial  failiirr  in  the  latter  case? 


96 

42.  How  if  the  work  is  so  defective  as  to  be  useless  to  the  party 

retaining  it? 

43.  If  not  useless  but  short  of  ihv  contract?' 

44.  How  of  partial  failure  as  to  promissory  notes? 

45.  How  if  the  money  has  been  paid,  and  the  consideration  fails 

afterwards  ? 

46.  If  the  i)romise  to  pay  one  person  on  consideration  received 

from  another,  who  can  sue  ? 

47.  How  as  to  money  simply  paid  to  one  for  another  ? 

48.  How  if  the  agreement  is  in  writing  or  under  seal  ? 

49.  If  money  is  loaned  to  another  and  I  afterwards  guarantee  its 

repayment,  is  the  consideration  sufhcient  to  sustain  my 
promise  ? 

50.  How  if  loaned  at  my  request? 

51.  In  what  cases  will  a  previous  request  be  implied  by  law  ? 

52.  How  if  I  voluntarily  pay  a  judgment  against  another  and  lie 

afterwards  promises  to  repay  me? 

53.  How  if  I  retain  the  consideration  ? 

54.  How  if  one  send  me  household  supplies  which  I  consume 

and  promise  to  pay  for? 

55.  How  if  a  man  repairs  my  house  in  my  absence  ? 

56.  What  kind  of  assent  is  necessary  to  complete  a  contract? 

57.  How  if  a  proposition  is  accepted  with  conditions  ? 

58.  How  if  assent  is  called  for  in  a  certain  form,  as  in  writing, 

and  given  otherwise? 

59.  How  if  one  gives  a  letter  of  credit  guaranteeing  advances  on 

certain  terms,  will  it  cover  any  made  on  dilferent  terms? 

60.  How  long  can  an  offer  be  withdrawn  ? 

61.  What  is  an  auction  sale  in  regard  to  ofi'er  and  acceptance  ? 

62.  How  soon  must  an  offer  be  accepted  ordinarily  ? 

63.  How  of  giving  one  the  refusal  of  property  ? 

64.  How  if  a  ])erson  paid  for  it? 

65.  Where  an  offer  is  made  by  mail,  when  is  its  acceptance  com- 

plete ? 

66.  Up  to  Avhat  time  and  how  may  it  be  recalled  ? 

67.  Is  silence  acceptance? 


97 


PARSONS   ON   CONTRACTS. 

Book  111,  Chapters  2  and  8,  to  Sec.  7  inclusive. 

1.  What  is  the  nature  of  an  auction  sale? 

2.  \Miat  bearing  have  printed  terms  and  conditions  on  it? 
o.  What  is  the  eflect  of  errors  of  description? 

4.  How  of  a  conditio'n  that  this  shall  not  afl'ect  tlic  sale,  l)ut 

that  allowances  shall  be  made  ? 

5.  If  there  is  no  such  condition,  can  the  seller  insist  on  the  sale 

with  allowances  for  nraterial  errors  ? 
B.  If  lots  are  sold  at  a  distinct  price  for  each,  liow  does  failure 
of  title  as  to  some  affect  the  sale? 

7.  How  if  a  gross  price  is  paid  for  the  wlioli^? 

8.  How  is  a  sale  affected  by  tlie  em})loyment  of  [•uffers  or  by- 

bidders? 

9.  How  of  reserving  a  bid  to  prevent  sacrifice? 

10.  How  if  the  sale  is  announced  to  ])»>  witlimit  reserve? 

11.  Whose  agent  is  the  auctioneer? 

12.  As  to  signing  the  memorandum  of  sale? 

13.  After  sale  }>roperly  noted,  can   he   interfere  witli  it,  release 

either  party,  etc.? 

14.  When  does  he  become  personally  responsible? 

15.  Can  he  purchase,  himself? 

16.  If  the  vendor  cannot  make  a  good  title  what  can  the  buyer 

do? 

17.  How  if  purchaser  has  given  notes  and  I'eceived  no  deed  and 

the  title  cannot  be  made? 

18.  At  wiiat  time  must  the  vendoi'  li;ive  a  good  title? 

1!>.   If  a  pui'ei laser  does  not  deiii;iiid  a  good  t  it  le  and  I'eseind  ;uiil 
the  seller  sues  for  price,  what   must  lie  show  :is  to  litU'? 

20.  How  is  time  regarded  in  etjuity? 

21.  If  the  tith^  turns  out  del'ective,  what  as  |o  |piii(liaser's  deposit 

with  the  auctioneer? 

22.  Can  he  sue  lV)r  damages  for  loss  of  Ins  liaiuain/ 
2.'>.   What  is  an  excepti(Ui  to  this  rule  '•■' 

7 


98 

24.  If  the  title  turns  out  bad  after  the  deed  has  passed  what  re- 

(h'css  has  the  purchaser? 

25.  U  he  is  sued  on  notes  given,  wliat? 

20.  What  must  plaintiff  do  l)efore  suing  on  a  contract  for  sale  of 
real  estate  ? 


27.  What  is  a  sale  of  a  chattel  ? 

28.  When  does  the  title  pass  ? 

29.  How  if  the  price  be  not  paid   immediately,  or  payment  is 

waived  ? 
30.'  When  does  the  right  of  possession  pass  ? 

31.  What  title  must  one  have  to  make  a  sale  ? 

32.  What  difference  is  there  between  selling  goods  stolen  and 

those  acquired  through  a  fraudulent  contract  ? 

33.  Can  one  sell  what  is  not  yet  in  existence? 

34.  What  would  such  a  contract  be  ? 

35.  How,  of  a  contract  to  deliver  articles  yet  to  be  manufactured  ? 

36.  What  is  potential  existence? 

37.  If  one  contracts  to  sell  what  does  not  exist,  and  afterwards 

acquires  it,  does  title  pass  without  a  new  sale  ? 

38.  Does  a  contract  to  manufacture  goods  pass  title  when  they 

are  manufactured? 

39.  How,  if  the  subject  of  sale  is  partially  destroyed? 

40.  How,  in  case  of  specific  articles  of  which  some  are  totally 

lost? 

41.  How  in  case  all  are  partially  destroyed? 

42.  What  certainty  is  requisite  as  to  price  ? 

43.  What  is  a  waiver  of  seller's  lien  for  price? 

44.  How  if  the  article  remain  in  ]30Ssession  until  the  note  ma- 

tures ? 

45.  At  whose  risk  are  the  goods  when  the  sale  is  complete  but 

the  price  not  jjaid  ? 

46.  When  is  the  sale  complete  so  as  to  pass  the  title? 

47.  How  if  one  buys  so  many  bushels  yet  to  be  measured  ? 

48.  How  if  several  own  in  common,  can  one  transfer  so  many 

bushels  by  order  on  the  warehouseman,  accepted,  without 
being  measured  off? 


99 

49.  If  articles  being  manufactured  are  lost,  who  bears  the  loss  ? 

50.  Is  there  any  difference  if  the  delay  is  the  buyer's  fault  ? 

51.  If  part  payment  is  made  in  advance? 

52.  How  if  the  quantity  of  goods  to  l)e  taken  is  yet  to  be  ascer- 

tained ? 

53.  How  if  the  price  is  only  to  be  ascertained  by  measurement 

at  a  certain  rate  per  foot,  but  the  property  is  identified? 

54.  What  effect  as  to  third  persons  has  the  retaining  possession 

by  the  vendor? 

55.  How  may  delivery  be  made? 
56:  How  of  symbolical  delivery  ? 

57.  How  if  the  property  is  left  on  the  seller's  premises,  but  to  be 

under  the  control  of  the  buyer? 

58.  Where  must  the  seller  deliver? 

59.  If  seller  assumes  to  deliver  elsewhere  than  at  home,  at  what 

time  must  it  be  ? 

60.  If  the  seller  fails  to  deliver  according  to  agreement,  wlio  is 

responsible  for  the  goods? 

61.  How  if  the  buyer  refuse  to  receive  them  ? 

62.  If  buyer  refuses  compliance  with  the  conditions  of  sale  and 

seller  sues  for  the  price,  what  must  and  can  lie  do  witli 
the  goods  ? 

63.  What  is  the  effect  of  the  sale  in  such  a  case  ? 

64.  If  goods  are  sold  on  credit  and  1)uyer  Ijccomcs  insolvent 

before  delivery,  what  is  the  seller's  riglit? 

65.  Where  must  a  note  payable  in  goods  be  paid? 

66.  What  is  the  difference  between  tender  of  money  and  goods 

in  payment? 

67.  What  of  conditional  sales  as  to  ])assing  of  lillc,  ;md  wlint  is 

the  seller's  remedy  for  non-payment  ? 

68.  How  if   goods  arc   sold    wilh   opiioii    of  returning  williiii  a 

certain  time? 
<■)!(.   What  is  the  practice  ol  brokers  as  to  nieinor.nida  of  sale? 
7').  Wliich  is  the  real  contract,  the  broker's  book  or  the  bought 

and  sold  notes? 
71.   How,  if  there  are  no  notes  ? 
7'2.    How  if  one  note;  dilVers  from  the  I k  nud  I  be  otJier  not  ? 


100 

73.  How  if  the  subject-matter  is  differently  described  in  the  two 

nott'S,  even  by  mistake? 

74.  W'luit  is  sulHcient  evidence  in  an  action  on  such  a  sale? 

75.  Can  parol  evidence  be  received  to  add  to  them  ? 

76.  What  if  the  broker  does  not  disclose  his  principal  ? 

77.  Can  he  sign  for  either  party  after  sale  is  made  ? 

78.  Can  a  factor  pass  bought  and  sold  notes  ? 


PARSONS   ON    CONTEACTS. 

Chapters  4,  5  and  6. 


■•> 


1.  What  is  a  sale  "  to  arrive  ?" 

2.  Is  such  a  sale  a  mere  agreement  to  sell  or  an  executed  sale  ? 

3.  How  if  the  sale  is  by  a  bill  of  lading  ? 

4.  Is  such  a  sale  a  warranty  that  the  vessel  will  arrive  ? 

5.  Or  is  it  a  sale  on  condition  that  it  shall  arrive  ? 

6.  Does  it  ordinarily  pass  property  in  any  specific  chattel? 

7.  Is  it  a  warranty  that  the  goods  will  arrive  if  the  vessel  does  ? 

8.  If  the  vessel  and  goods  arrive  but  consigned  to  another,  is 

the  seller  still  bound  ? 

9.  How  of  a  sale  of  goods  at  sea  ? 

10.  How  of  a  sale  of  goods  to  arrive  before  a  day  certain? 

11.  How  of  a  sale  of  goods  to  be  shipped  on  a  certain  vessel  ? 

12.  How  does  a  sale  "to arrive"  differ  from  a  sale  of  goods  at 

sea,  with  delivery  of  bill  of  lading,  etc.  ? 

13.  How  if  the  goods  are  destroyed  or  sold  ? 

14.  What  difference  is  there  between  a  mortgage  of  chattels  and 

realty  ? 

15.  Can  a  mortgage  be  made  to  cover  future-acquired  property  ? 

16.  HoAV  as  to  mortgage  of  a  stock  of  goods  retained  and  re- 

tailed by  the  mortgagor  ? 

17.  What  is  the  effect  generally  of  retention  of  possession  by 

mortgagor? 

18.  What  implied  warranty  is  there  on  a  sale  of  chattels? 

19.  How  does  the  want  of  possession  affect  it? 


101 

20.  How  as  to  quality  ? 

21.  What  amounts  to  warranty,  though  not  such  in  form? 

22.  In  what  excepted  cases  is  there  implied  warranty  ? 

23.  How  when  purchaser  has    no    opportunity  to  inspect  the 

goods  ? 

24.  How  when  manufactured  goods  are  ordered  for  a  particular 

})urpose? 

25.  How  if  the  object  of  tlif  }iurchase  is  known,  but  the  thing 

is  not  expressly  ordered  for  that? 

26.  What  warranty  is  there  on  a  sale  by  sample? 

27.  What  if  there  is  a  secret  defect  in  the  sample  ? 

28.  How  as  to  sales  of  household  provisions  ? 

29.  Does  an  express  warranty  extend  to  jKitent  defects  ? 

30.  How  as  to  soundness,  when  delivered  in  future? 

31.  What  is  the  remedy  if  goods  warranted  be  accepted  and 

afterwards  are  discovered  to  be  defective  ? 

32.  Must  the  buyer  return  goods  before  suing  on  the  warranty  ? 

33.  !May  he  return  them  and  sue  for  their  price  ? 

34.  How  if  i)art  have  been  sold? 

35.  How  if  the  seller  refuse  to  receive  back  the  goods? 

36.  In  an  action  for  the  price,  may  the  breach  of  warranty  be 

shown? 

37.  What  would  the  damages  be  if  the  goods  are  returned? 

38.  Wiiat,  if  not  returned? 

39.  Is  there  any  warranty  on  judicial  sales? 

40.  Wliat  is  the  right  of  stoppage  in  transitu? 

41.  What  amounts  to  insolvency  in  the  sense  of  this  lulc? 

42.  Docs  the  mere  insolvency  in  itself  arrest  the  goods  and  de- 

stroy the  buyer's  right  to  them  ? 

43.  Is  an  actual  seizun;  necessary? 

44.  What  kind  ofnoliec  will  sullice? 

45.  When  must  the  insolvency  take  place  to  justify  tiiestojipage? 

46.  Is  this  right  a  mere  extension   ol"  the  srllcr's  lien,  or  is  it  a, 

riglit  of  rescission  ? 

47.  Can  a  l)aihMi  having  a  mere  li<n  cxcrcisf  lliis  ritiiil  ? 

48.  D<jes  it  exist  as  to  money  rmiitliil,  ;in<l    lli;i(  withnul  rder- 

ence  to  the  state  of  tlie  accounts  between  the  parties? 


102 

4i).  How  if  the  consignor  has  received  a  bill  of  exchange  for  the 
goods  or  l)een  partly  paid  ? 

50.  How  if  the  goods  are  consigned  in  payment  of  an  existing 

debt? 

51.  How  long  may  this  right  be  exercised? 

52.  Wiiatif  the  goods  are  delivered  to  a  carrier  named  by  the 

consignee  ? 

53.  ^^'hat  if  in  a  warehouse  on  the  route,  or  in  the  custom-house 

waiting  the  payment  of  duties? 

54.  How  if  carried  to  the  vendee's  wharf  but  possession  not  yet 

taken  by  him  ? 

55.  How  if  shipped  in  a  vessel  of  the  consignee,  but  by  the  bill 

of  lading  they  are  to  be  delivered  to  the  consignor? 

56.  What  kind  of  delivery  to  consignee  will  suffice  to  terminate 

the  transit  ? 

57.  How  if  the  goods  are  shipped  for  another  market,  and  not 

to  go  into  consignee's  hands  ? 

58.  How  is  the  right  of  stoppage  destroyed  ? 

59.  What  is  the  form  of  a  bill  of  lading  ? 

60.  What  is  the  effect  of  a  transfer  or  indorsement  of  a  bill  of 

lading  ? 

61.  Will  delivery  without  endorsement  of  the  bill,  or  vice  versa, 

pass  title  to  tlie  goods  ? 

62.  How  if  the  l)ill  of  lading  is  pledged? 

63.  Is  the  right  affected  by  an  attachment  by  the  vendee's  cred- 

itor or  the  carrier's  lien  ? 

64.  If  the  creditor  reserve  a  right  of  property  by  the  bill  of  lad- 

ing until  payment,  would  the  assignment  of  bill  defeat 
the  right  of  stoppage  ? 

65.  What  of  an  agreement  by  a  debtor,  on  the  eve  of  insolvency, 

to  return  goods  to  seller? 


103 


PARSONS  ON  CONTRACTS. 

Book  III,  Chapter  7,  and  Secs.  1  to  4  of  Chapter  11. 

1.  What  is  a  guaranty  ? 

2.  What  is  the  obligation  of  the  guarantor  said  to  be  ? 

3.  Can  there  be  a  guarantor  without  a  principal  who  is  bound  ? 

4.  What  is  the  difference  between  promising  to  pay  for  goods 

furnished  by  another  and  i)romising  to  see  them  paid  for  ? 

5.  What  will  be  a  sufficient  consideration  for  the  guaranty  if 

simultaneous  with  the  debt? 

6.  If  after  the  debt? 

7.  What  would  be  the  effect  of  any  fraud  or  concealment  on 

the  surety's  obligation  ? 

8.  What  difference  is  there  between  the  delivery  of  debtor's 

property  to  him  on  ]iromise  by  another  to  see  the  debt 
paid,  and  delivering  it  to  the  new  promisor  himself? 

9.  What  is  the  effect  of  charging  on  the  seller's  books  to  the 

new  promisor  or  the  debtor  ? 

10.  What  acceptance  is  necessary  to  complete  the  contract  of 

guaranty  ? 

11.  What  is  a  continuing  letter  of  credit? 

12.  Wiuit  is  the  duty  of  the  party  furnishing  goods,  as  to  this? 

13.  How  if  the  contract  of  the  principal  is  changed  after  the 

guaranty  is  given  ? 

14.  What  change  would  discharge  the  guarantor? 

15.  Does  a  guaranty  of  the  ol)ligation  of  two  extend  to  the  acts 

of  one  ? 
10.  Or  a  guaranty  to  several  l^ind  in  favor  of  the  survivors  ? 

17.  Does  a  guaranty  to  a  i)artnership  extend  to  the  survivors  ? 

18.  Would  a  guaranty  of  good  conduct  of  an  employ<';  be  con- 

sidered good  in  favor  of  obligee's  executors? 
][).  How  will  a  guaranty  of  payment    Inr  goods  of  a   certain 
amount  be  considered? 

20.  What  acceptance  or  notice  is  necessary  in  sucli  cases? 

21.  What  will  discharge  the  guarantor  ? 


104 

22.  Wliat  is  tliP  effect  of  givinjj;  time  to  the  principal  debtor? 

23.  How  ()f  a  covenant  not  to  sue  the  principal  ? 

24.  How  of  a  covenant  not  to  sue  for  a  limited  time  ? 

25.  How  of  such  a  covenant  reserving  the  right  to  sue  the  surety  ? 
2().  How  of  I'orhearance  to  sue  the  principal? 

27.  How  of  forbearance  when  surety  demands  that  principal 

shall  be  sued? 

28.  How  as  to  collaterals  in  creditor's  hands? 

29.  Would  receiving  interest  in  advance  on  an  overdue  note  dis- 

charge the  surety  ? 

30.  How  if  time  be  given  to  several  promisors  when  one  only,  as 

between  themselves,  was  surety  ? 

31.  How  if  the  creditor  knew  this  ? 

32.  Is  notice  of  default  to  guarantors  necessary  ? 

33.  What  notice  to  guarantors  of  promissory  notes? 

34.  What  is  the  liability  on  a  guaranty  of  the  collection  of  a  debt? 

35.  What  rights  has  guarantor  on  payment  of  the  debt? 

36.  What  as  to  collaterals  ? 

37.  Under  what  circumstances  can  a  guaranty  be  revoked  ? 

38.  In  cas'e  of  a  continuing  letter  of  credit? 

39.  How,  if  for  a  consideration  ? 

40.  How,  if  it  is  a  guaranty  of  good  conduct  in  an  office  or  em- 

ployment ? 


PAKSONS    ON    CONTRACTS. 
Book  III,  Chapter  11. 

1.  What  is  a  bailment? 

2.  What  are  the  three  general  classes? 

3.  What  degree  of  care  is  required  in  each  ? 

4.  How  far  does  the  old  i;ule  of  diligence  apply  to  common  car- 

riers ? 

5.  What  is  tlie  test  of  the  bailee's  diligence,  such  as  he  exercises 

in  his  own  affairs,  or  such  as  people  ordinarily  use? 

6.  What  of  increase  and  deterioration  when  the  bailment  is 

returned  to  the  bailor? 


105 

7.  AVhat  of  claims  by  strangers  on  tlie  property? 

8.  How  if  the  whole  is  claimed  by  each  of  two  or  more  bailors  ? 

9.  What  kind  of  interest  has  the  gratuitous  1)ailce  and  what  ac- 

tions may  lie  bring? 

10.  Are  deposits  in  bank  bailments? 

11.  What  is  the  pledgee  when  his  debt  is  paid? 

12.  What  the  finder  of  chattels? 

13.  Is  the  finder  of  a  note  entitled  to  collect  it  ? 

14.  Could  the  maker  pay  him,  knowing  his  want  of  title  ? 

15.  Has  a  mandatary  any  special  property? 

IG.  ^^'hat  is  a  bank  as  to  notes  left  for  collection  by  its  custom- 
ers, without  cliarge  ? 

17.  How  far  are  they  liable  for  neglects  of  notaries,  other  agents, 

and  banks? 

18.  Wlien  tlie  undertaking  requires  peculiar  skill,  what  is  the 

mandatary's  undertaking  and  what  his  responsibility? 

19.  What  is  a  commodatum  ? 

20.  Does  it  apply  to  articles  consumed  in  the  use  ? 

21.  How  of  stocks  loaned  by  brokers  and  not  to  be  specifically 

returned  ? 

22.  What  becomes  of  tlie  increment  of  tin ■  tiling  loaned,  as  the 

young  of  animals  ? 

23.  What  is  a  pledge  ? 

24.  What  the  distinction  between  mortgage,  pledge,  and  lien? 

25.  What  is  essential  to  a  pledge? 

2(i.  How  can  delivery  sufficient  be  made  of  goods  at  sea? 

27.  What  suits  can  jjledgee  bring? 

28.  Can  pledgee  hold  for  other  debts  than  that  for  which  it  was 

given  ? 

29.  Can  he  use  the  pledge? 

30.  What  (!are   must    he   take;    e.<j.,   if  a    promissory    note   be 

pledged,  what  must  lie  do  as  to  demand,  etc.? 
;;i.   What  if  pledgee  sell  stocks? 

32.  What  is  the  jdedgee's  remedy  if  the  deht  is  not  paid? 

33.  How  e;iii  pledgee  ;ieipiiie  ;il>>oliite  property? 

34.  How  can  plcflgee  of  p.ipi-r  transfer  it? 

35.  How  is  ill"'  ph<l'/''  li  iiiiiiiated? 


106 


30.  If  pledgee  has  sold  unlawfully  what  is  the  pledgor's  remedy  ? 
37.  How  is  the  pledge  discharged  ? 


PARSONS  ON  CONTRACTS. 

Chapter  II,  Secs.  5,  G,  7. 

1 .  What  is  a  locatio  ? 

2.  What  degree  of  care  is  required  ?    Examples. 

3.  Locatio  rei  is  what  ? 

4.  What  is  essential  to  it? 

5.  Can  hailor  interfere  with  the  use  during  the  term  agreed  for 

the  hire  ? 

6.  How  if  the  bailment  be  abused  ? 

7.  If  a  thing  is  hired  for  a  particular  object,  what  is  the  owner's 

duty  as  to  fitness  ? 

8.  For  what  subsequent  expense  is  he  answerable,  and  for  what 

the  hirer  ? 

9.  How  of  property  in  care  of  bailor's  servant,  as  if  I  hire  a 

coach  and  he  sends  a  driver  ? 

10.  How  if  the  bailment  is  diverted  from   the  use  for  which 

hired  ? 

11.  How  if  damage  results  from  deviation  from  the  use  designed  ? 

12.  What  interest  has  the  bailee  ? 

13.  Can  he  sell  or  mortgage  as  agent  for  the  real  owner  ? 

14.  How  of  hired  chattels  fastened  permanently  to  the  freehold  ? 

15.  If  furniture  is  hired  with  a  house,  by  what  law  is  it  governed  ? 

16.  If  a  chattel  is  delivered  to  be  worked  on,  what  is  the  im- 

plied obligation  of  the  bailee  ? 

17.  If  the  materials  are  destroyed  before  the  work  is  done,  when 

is  the  workman  entitled  to  pay  and  when  not  ? 

18.  How,  if  he  agrees  to  make  me   a  table  out  of  lumber  fur- 

nished by  me  and  it  is  burnt  before  being  finished  ? 

19.  If  I  furnish  cloth  for  a  coat  and  the  tailor  the  thread  and 

buttons,  on  whom  does  the  loss  fall? 

20.  How  if  the  case  be  reversed  ? 


107 

21.  If  I  furnish  grain  and  the  miller  is  to  return  so  many  bushels 

of  flour,  is  this  a  bailment,  and  on  whom  does  the  loss  fall 
in  case  of  its  destruction  ? 

22.  How  if  the  bailee  confuse  his  goods  with  the  bailor's? 

23.  If  a  workman  is  hired  generally  to  work  on  an  article,  as  a 

machine,  and  his  work  is  useless,  can  he  recover? 

24.  If  it  is  badly  done,  but  accepted  ? 

25.  If  he  is  prevented  by  the  employer  or  by  accident  from  com- 

pleting, how? 

26.  If  employed  by  the  day,  even  if  he  refuses  to  go  on? 

27.  If  employed  by  the  job  and  he  refuses,  can  he  recover  any- 

thing? 

28.  If  employed  by  special  contract  to  do  certain  work  and  for 

a  certain  price,  if  the  contract  is  not  performed  strictly, 
what  remedy  has  he  ? 

29.  If  the  contract  is  deviated  from  by  consent  or  partially  exe- 

cuted, how? 

30.  If  the  work  is  loft  unfinished  or  deviates  from  the  contract 

through  the  workman's  fault,  can  he  recover  on  a  quanhim 
meniit  f 

31.  If  the  work  is  done  properly,  and  only  the  price  remains  to 

be  paid,  must  the  suit  be  on  special  contract? 

32.  When  more  costly  materials  are  used  than  required,  can  they 

be  recovered  for? 

33.  If  departures  arc  with  consent  of  jiarties,  what  is  the  rule  as 

to  price? 

34.  If  t>ne  act  as  carrier  and  warehouseman,  when   does  one 

character  end  and  tiie  other  begin  ? 

35.  When  goods  arrive  at  the  end  of  the  route  and  are  held  for 

dcliv«'ry,  what  is  he,  and  what  his  responsibility? 

36.  When  goods  are  received  to  be  forwarded,  how? 

37.  If  goods  in  a  ])ailee'K  hands  :irr  clainicd  by  a  stranger,  wiiat 

must  he  do? 

38.  What  is  tin-  obligation  of  an  innkeeper? 

39.  Wiiat  is  an  inn  U^\•  this  purpose? 

40.  What  will  cxrnipt  an  innl<«i|Hr  finin    icsponsihilit  y  for  his 

guest's  goods  ? 


108 

41.  How  soon  does  the  liability  begin  ? 

42.  Who  are  travellers  in  the  sense  of  the  law  ? 

43.  How  of  boarders? 

44.  If  one  sends  his  goods  alone,  how  ?     Or  leaves  them  ? 

45.  What  lien  has  the  innkeeper  ?  , 
4G.  How  of  a  horse  sent  to  livery  ? 

47.  If  the  livery  man  is  also  an  innkeeper  ? 

48.  How  of  another's  goods  held  by  the  guest  ? 

49.  What  is  a  carrier? 

50.  Wliat  is  a  common  carrier? 

51.  Wliat  is  his  responsibility,  and  what  its  origin? 

52.  What  is  the  act  of  God? 

53.  How  as  to  inherent  faults  in  the  articles  carried  ? 

54.  How  if  carrier's  negligence  contributes  to  the  accident? 

55.  What  are  the  public  enemies  meant  by  this  rule  ? 

56.  What  is  the  responsibility  of  carriers  of  passengers  ? 

57.  When  is  a  ship  a  common  carrier  ? 

58.  When  the  railroad  is  in  the  hands  of  a  receiver  is  the  com- 

pany liable  as  a  common  carrier? 

59.  What  are  a  carrier's  duties  as  to  receipt  of  freights  and  rights 

as  to  his  pay  ? 

60.  What  discriminations  can  he  make? 

61.  Sum  up  his  liabilities? 

62.  If  goods  are  shipped  C.  0.  D.  is  the  carrier  bound  to  collect? 


PARSONS   ON   CONTRACTS. 

Book  III,  Chapter  11,  Secs.  7  to  16,  inclusive,  and  end. 

1.  When  does  the  carrier's  liability  begin  ? 

2.  Where  must  the  delivery  be  made  to  bind  the  carrier? 

3.  What  notice  must  be  given  ? 

4.  How  if  goods  be  delivered  to  a  carrier  to  be  kept  till  further 

order? 

5.  If  a  ship  be  chartered  to  carry  for  the  public,  who  is  the  car- 

rier, the  owner  or  charterer  ? 


109 

6.  When  does  the  carrier's  liability  end  ? 

7.  That  of  a  railroad  company? 

S.  What  is  the  liability  when  goods  are  kept  in  the  depot? 
9.  How  if  goods  l)e  delivered  to  the  wrong  person? 

10.  Does  the  carrier  insure  delivery  at  a  certain  time  ? 

11.  How  if  he  contracts  expressly? 

12.  If  a  carrier  receive  goods  directed  beyond  his  route,  does  this 

bind  him  to  deliver  beyond  ? 

13.  What  is  the  carrier's  liability  if  the  i)assenger  keeps  charge 

of  his  property? 

14.  For  what  property  of  a  passenger  is  a  carrier  bound  ? 

15.  How  does  the  owner's  improper  interference  with  the  de- 

livery of  the  goods  affect  the  carrier's  resijonsibility  ? 

16.  How  if  they  are  thrown  overboard  to  save  the  ship? 

17.  How  if  the  carrier  pay  for  the  goods  lost,  is  he  entitled  to  his 

I'reight? 

18.  If  one  without  title  to  goods  ships  them  c)n  the  railroad,  is 

the  carrier  entitled  to  his  freight  as  against  the  owner  ? 

19.  How  if  they  are  carried  where  the  owner  wishes  them  car- 

ried ? 

20.  Wiiat  if  consignee  refuses  to  receive? 

21.  Where  several  carriers  unite  their  routes  and  share  profits, 

what  is  their  lial)ility? 

22.  How  in  case  of  through  lines  without  division  of  losses  and 

expenses  ? 

2'4.  In  case  of  connecting  lines,  who  can  l)e  sued  by  shij)i)er  in 
case  of  loss  in  Englaiui.  iiud  how  in  ihis  country? 

21.  If  one  (omjiany  aUows  anotiiers  trains  to  run  over  its  roads, 
is  it  liahl(!  for  k>sscs  on  the  trains? 

25.   Wiiat  is  the  carriers  obligation  to  a  passenger? 

2fi.  Does  a  free  pass  make  any  diflerence  in  the  lial)ility  of  the 
carrier? 

27.  How  if  expressed  to  l»c  on  comlition  of  non-hal)ility  for  ne- 
glect of  agents? 

2S.  Where  is  tlif  Imrden  of  ))roof,  in  case  of  injury  to  a  i)aB- 
senger  ? 

2'.).    How  as  to  a  stranger  ;inil  intnitlci? 


110 

30.  What  is  the  effect  of  the  passenger's  own  neglect  contributing 

to  his  injury  ? 

31.  Must  infants  and  adults  exercise  the  same  care  ? 

3'J.  What  is  the  general  rule  as  to  degree  of  care  on  the  part  of 
a  railroad  company  ? 

33.  What  its  responsibility  for  torts  committed  by  its  agents  and 

officers  ? 

34.  What  must  a  passenger  do  ? 

35.  If  he  is  expelled  for  not  paying  fare,  must  he  be  admitted 

again  if  he  tenders  it? 

36.  What  must  the  company  do  as  to  disorderly  or  offensive 

persons  ? 

37.  Is  a  railroad  company  liable  for  injuries  to  property  from 

sparks,  etc.  ? 

38.  What  if  a  passenger  leave  a  car  while  in  motion  and  is  in- 

jured, can  he  recover  ? 

39.  What  is  the  carrier's  liability  as  to  the  passenger's  baggage? 

40.  How  if  a  trunk  is  sent  on  and  not  carried  with  the  pas- 

senger? 

41.  Can  a  carrier  modify  his  common  law  liability  by  special 

agreement? 

42.  In  what  particular  cases? 

43.  How  of  a  mere  notice  that  he  will  not  be  liable,  etc.  ? 

44.  How  as  to  liability  beyond  the  carrier's  route  ? 

45.  Can  the  carrier  confine  his  business  to  any  particular  kind 

of  freight? 

46.  How  far  is  a  carrier  bound  by  his  advertised  times  of  de- 

parting and  arriving  ? 

47.  Can  he  by  contract  exempt  himself  from  the  consequences 

of  his  own  negligence  ? 

48.  Can  he  discriminate  between  ticket  and  car-fares  ? 

49.  How  if  the  office  be  closed  and  the  passenger  is  unable  to 

procure  a  ticket  ? 

50.  Is  carrier  responsible  to  a  servant  for  injuries  from  neglect 

of  another  servant? 

51.  What  is  the  limit  to  the  rule  to  which  courts  incline? 

52.  Are  city  railway  companies  common  carriers? 


Ill 

PARSONS  ON  CONTRACTS. 

Book  III,  Chapter  12. 

1.  How  far  is  a  telegraph  company  a  common  carrier? 

2.  Is  it  an  insurer  ? 

3.  What  is  its  duty  as  to  equipment,  accuracy  and  promptness, 

priority,  secrecy? 

4.  Are  these  messages  confidential  communications? 

5.  What  is  its  duty  as  to  delivery? 

6.  With  whom  is  its  contract? 

7.  May  they  limit  their  liability  for  negligence  ? 

8.  If  the  sender  is  agent  of  the  receiver  is  the  contract  held  to 

be  with  the  latter? 

9.  What  action  can  the  receiver  maintain? 

10.  Are  contracts  comi)leted  by  telegraph  of  accei)tance  as  in 

case  of  letters  ? 

11.  Is  one  bound  to  give  notice  by  telegraph? 

12.  Do  telegrams  make  up  a  memorandum  under  the  Statute 

of  Frauds  ? 

13.  What  is  the  measure  of  damages  in  case  of  mistake,  as  when 

goods  meanwhile  rise  in  price? 


PARSONS  ON   CONTRACTS. 

Book  III,  Chapter  13,  Secs.  1  to  6  inclusive. 

1.  Wliat  is  a  jiatent? 

2.  How  docs  it  ilill'ti'  iVoiii  ;i  iiioiinpoly  ? 

3.  To  whom  may  patents  be  issued  umlir  the  act  of  1870? 

4.  What  originality  of  invention  is  necessary  on  tlic  part  of  the 

appliciint? 

5.  How  if  the  appbciiiit  has  :i(hii»t('d  suggestions,  ;is  to  dctnils 

from  others? 
(1.   Wliat  if  tlie  invention  has  been  j)atented  abroad? 


112 

7.  What  if  the  inventor  has  abandoned  the  invention,  and  what 

amounts  to  an  abandonment? 

8.  What  is  a  caveat  and  its  en'ect? 

9.  What  is  the  lirst  requisite  of  an  invention  to  entitle  its  author 

to  a  patent? 

10.  What  of  the  application  of  old  inventions  to  new  uses?  Ex- 

amples. 

11.  Wliat  if  the  jiatent  embraces  something  that  is  not  original 

and  something  that  is? 

12.  Wliat  are  reissues,  and  under  what  circumstances  are  they 

allowed  ? 

13.  What  is  a  disclaimer  ? 

14.  What  is  the  next  requirement  besides  novelty  V 

15.  Is  it  necessar}'^  that  it  shall  have  required  thought  and  inven- 

tion ? 

16.  What  amount  of  novelty  will  suffice  if  a  useful  result  is  pro- 

duced ?  Examples.     Substitution  of  one  kind  of  coal  for 
another  ? 

17.  Suppose  no  change  of  result  has  followed  ? 

18.  How  of  change  of  form  of  machinery? 

19.  How  of  new  combinations  of  existing  machinery  ? 

20.  How  of  improvements  in  mere  ornaments  which  will  make 

them  sell  better? 

21.  Is  a  product  patentable  as  well  as  the  machine  producing  it? 

22.  What  signification  is  given  to  the  term  manufacture  in  Eng- 

land ? 

23.  What  is  meant  by  a  process  f 

24.  Wliat  was  Watt's  invention  for  saving  fuel  by  preventing  the 

escape  of  heat  from  boilers  ? 

25.  What  Neilson's  improvement  by  using  hot  air  in  a  blast- 

furnace ? 

26.  Is  a  process  patentable,  eo  nomine,  in  this  country  ? 

27.  Under  what  terms  within  the  act  of  Congress  is  it  embraced? 

28.  Is  an   abstract  principle — a  law  of  ])hysics — a  function  of 

matter  jjaten table  ? 

29.  How  does  it  become  patentable? 


113 

30.  How  do  ours  and  the  English  courts  differ  in  their  views  on 

this  subject? 

31.  What  was  held  about  Prof.  Morse's  discovery  ? 

32.  Can  known  machinery  be  used  in  theapplicationof  a  newly 

discovered  law,  and  a  patent  be  had  for  the  process? 

33.  What  is  the  difference  between  a  machine  and  a  process  ? 

34.  The  arts  of  tanning,  dyeing,  applying  caoutchouc,  etc.,  are 

what? 

35.  If  various  machines  are  used  for  producing  a  result,  what  is 

the  subject  of  a  patent? 

36.  What  is  meant  by  a  double  use  ? 

37.  Will  a  new  process  producing  better  results,  which  consists 

merely  in  omitting  materials  used  before,  l)e  patentable? 

38.  What  is  embraced  by  the  terms  new  and  useful  art? 

39.  What  is  a  machine? 

40.  Does  machine  include  a  combination  of  old  machines  ? 

41.  Is  a  mere  improvement  in  an  existing  machine  patentable  ? 

42.  What  right  has  the  patentee  of  the  imi)rovement? 

43.  What  does  the  term  manufacture  embrace? 

44.  When  is  a  tool  a  manufacture,  and  when  a  machine? 

45.  What  is  a  comjiosition  ? 

46.  What  is  the  rule  as  to  unity  of  invention  in  :i  [.ntent? 

47.  How  if  a  combination  and  also  thcseveral  nuichines  making 

it  are  embraced  within  the  same  patent? 

48.  How  if  several  improvements  in  a  luacliiiir  ;irc  cnibru'cd 

within  the  same  patent? 

49.  How  about  patents  to  several  persons?    « 

50.  Can  an  inventor  join  another  in  one  patent  with  liimscir? 

51.  What  is  the  first  step  to  be  taken  by  an  applicant? 

52.  What  must  he  state  in  his  jxtition  ? 

53.  What  is  the  specification,:! lid  wlmt  rdnlion  li:is  il  (olhr  let- 

ters-patent? 

54.  What  if  there  is  a  })lain  repugnance  between  llic  |.;iltiif  and 

the  specification? 

55.  What  are  (piestions  for  the  <',oin-t  and  what  lor  tlu>  jury  in  a. 

])atent  cause  ? 

56.  W'hat  are  the  objects  of  tin'  sjxciliration  ? 

8 


114 

57.  Wluvt  is  the  object  of  letting  the  public  know  what  is  claimed  ? 

58.  WliJit  if  it  embraces  something  old? 

59.  What  i)articularity  is  needed  as  to  substance  used, etc.? 

60.  What  is  the  etlect  of  imneceesary  details  and  ingredients 

being  stated? 

61 .  How  if  he  really  uses  cheaper  materials  than  those  described  ? 

62.  How  if  the  claim  be  for  a  mere  principle  ? 

63.  If  the   process  or  machine  is  described,  how  far  will  the 

patent  include  variations? 

64.  What  amount  of  clearness  is  necessary  in  so  describing  the 

invention  as  to  enable  others  to  use  it? 

65.  Is  it  sufficient  to  make  it  comprehensible  to  the  mostscientific 

only  ? 

66.  Must  it  be  so  to  all  the  world  or  only  those  versed  in  the  art? 

67.  How  if  it  cannot  be  used  without  having  to  exercise  further 

invention? 

68.  How'if  any,  however  slight,  omission  is  made? 

69.  What  remedy  is  there  for  accidental  vagueness,  excess,  or 

deficiency  of  description  ? 

70.  How  is  the  right  to  recover  in  a  suit  for  infringement  affected 

by  the  excess  in  specification  ? 


PARSONS   ON   CONTRACTS. 

Chapter  XIII,  Sec.  7  to  the  end, 

1.  What  assignment  of  patents  may  be  made? 

2.  Can  the  invention  be  sold  before  the  patent? 

3.  W^ho  must  make  application  in  such  case? 

4.  Can  the  assignment  be  conditional? 

5.  What  assignments  have  to  be  recorded  ? 

6.  W' hat  of  licenses? 

7.  What  rights  has  an  assignee  of  a  fractional  interest? 

8.  What  the  grantee  of  a  fractional  interest? 

9.  Does  a  license  give  any  exclusive  right  ? 


115 

10.  Can  a  licensee,  to  use  a  machine,  practice  the  invention  be- 

yond the  use  of  the  machine? 

11.  AVhat  is  the  test  whether  an  instrument  is  an  assignment  or 

license? 

12.  What  becomes  of  the  patent  in  case  of  bankrui)tcy  ? 

13.  Does  an  assignment  imply  a  warrant  of  the  validity  of  the 

patent  ? 

14.  Does  the  assignee  become  a  partner  of  the  assignor  by  assign- 

ment ? 

15.  What  are  the  rights  of  the  assignee  of  a  fractional  interest? 

16.  How  if  he  undersells  the  assignor  ? 

17.  What  are  assignee's  rights  in  case  of  renewal  upon  surrender 

and  reissue  ? 

18.  How  as  to  extension  after  the  expiration  of  the  original  term  ? 

19.  How  if  assignee  is  in  the  use  of  a  patented  niacliine  when  the 

patent  expires  ? 

20.  Can  he  keep  it  in  repair? 

21.  Can  assignee  again  assign  ? 

22.  Can  licensee  assign  ? 

23.  Can  he  divide  or  apportion  his  license  among  several  ? 

24.  If  a  sum  of  money  be  payal)le  (ov  a  license,  can  payment  be 

refused  because  of  the  invalidity  of  the  patent? 

25.  How  if  payments  have  been  made? 

26.  How  of  periodical  payments  of  which  some  have  been  made  ? 

27.  Where  there  is  a  sectional  grant,  what  can  be   done  with 

manufactured  articles? 

28.  What  are  the  rights  of  a  purchaser  of  a  patented  machine  or 

article  ?     Can  he  r<>pnir  it  ? 

29.  How  of  the  right  to  manufacture  a  patcnlcd  niachiue  ? 

30.  Is  the  purchaser  of  jiroducts  of  a  patented  machine  from  a 

known  infringer  an  infringer  himself? 

31.  Who  is  to  be  sued  in  such  case? 

32.  Can  the  grantee  sue  in  his  own  name? 

33.  Who  sues  for  tint  exclusive  licensee? 

34.  Who  must  sue  for  infringement,  when'  rractioii.il   iiih-rosts 

are  assigned  ? 


116 

35.  Can  one  asyijj;n,  with  right  to  assigncx!  to  sue  in  his  own 

name,  the  right  to  use  the  patent  for  certain  kinds  of 
manufacture  ? 

36.  At  wliat  time  must  a  person  be  interested  to  have  a  right  of 

action  under  the  law  ? 

37.  What  must  be  averred  in  the  declaration  in  an  action  for 

infringement? 

38.  What  is  an  interference,  and  in  what  cases  does  it  arise  ? 

39.  What  remedy  by  suit  is  provided  for  such  cases? 

40.  What  riglits  does  the  patent  give  to  the  inventor? 

41.  What  amounts  to  an  infringement? 

42.  What  is  necessary  to  make  a  case  of  infringement  ? 

43.  If  the  patent  is  for  a  combination  of  machines,  will  the  omis- 

sion of  any  one  be  an  infringement  in  the  use  of  the  others? 

44.  Could  the  plaintiff  show  that  to  be  useless  ? 

45.  If  the  patent  is  for  a  machine,  to  what  does  the  patent  ex- 

tend ? 

46.  Is  making  for  experiment  only,  or  amusement,  an  infringe- 

ment ? 

47.  Is  the  mechanic  who  makes  a  part  of  a  machine,  or  the  mer- 

chant who  sells  the  materials,  the  infringer  ? 

48.  If  the  sheriff  sells  a  machine  as  the  property  of  patentee  or 

assignee,  does  the  right  to  use  it  pass  to  the  buyer  ? 

49.  Is  the  officer  or  buyer  guilty  of  infringement? 

50.  Is  hiring  a  machine  to  another  to  be  used  by  him  an  infringe- 

ment ? 

51.  Is  Inlying  goods  in  good  faith  from  one  wrongfully  using  a 

patented  machine  ? 

52.  Is  selling  the  product  of  a  patented  machine  an  infringement 

if  the  seller  has  no  interest  in  the  machine? 

53.  Wliat  does  a  patent  for  a  composition  of  matter  cover  ? 

54.  Is  one  who  buys  and  consumes  a  patented  prod/act  an  in- 

fringer? 

55.  What  is  meant  by  mechanical  equivalents? 

56.  Sujipose  the  mechanical  equivalent,  however,  makes  an  im- 

provement ? 


117 

57.  If  the  patent  is  for  a  manufacture,  is  it  an  infringement  to 

make  it  by  a  new  process? 

58.  What  is  understood  by  the  f)rinciple  of  an  invention  ? 

59.  How  does  this  differ  from  a  principle  in  nature? 

60.  If  the  proportions  of  materials  are  described  as  necessary  in 

the  specification,  is  it  any  infringement  to  use  them  in 
different  proportions  ? 

61.  If  there  is  a  single  patent  for  several  improvements,  is  the 

use  of  any  one  of  them  an  infringement? 

62.  Is  a  suit  for  infringement  defeated  by  showing  the  mere  in- 

utility of  part  of  the  invention  ? 

63.  Is  an  invention  infringed  upon  by  its  use  before  the  patent 

issues  ? 

64.  How  of  such  use  after  surrender  and  renewal  ? 

65.  Is  notice  of  renewal  in  such  case  necessary  ? 

66.  What  defences  are  allowed  by  statute? 

67.  What  others  can  be  made? 

68.  On  whom  is  the  burden  as  to  the  defence  of  deception,  etc.  ? 

69.  What  kind  of  previous  printed  i)ublication  describing  the 

invention  will  suffice  to  defeat  recovery? 

70.  What  is  proof  of  abandonment  to  the  pu])lic  ? 

71.  What  kind  of  communication  to  others  will  or  will  not  be? 

72.  What  is  the  remedy  in  equity  against  infringers? 

73.  On  what  grounds  does  equity  interfere  ? 

74;  What  must  the  bill  allege  in  addition  to  what  a  declaration 
at  law  must? 

75.  Will  injunction  issue  before  actual  infringement? 

76.  Is  notice  recjuired  ? 

77.  What  is  tlie  usual  proceeding  when  the  jiatent  is  new  or  the 

right  d()ul>tful  ? 

78.  What  other  practice  prevails  besides  enjoining,  where  that 

would  irreparably  injure  the  party? 

79.  What  is  the  final  relief? 

80.  Why  must  plaintiff  ask  the  interlocutory  injimctions? 

81.  What  of  profits? 

H'2.   Will   d(!f<'nd:i.n1   be  chargeiiblc  with    |in»lits   be  iiiiLdil  have 
made  with  diir  tiiligence? 


118 

83.  In  ciise  of  assignment  of  the  whole  interest  for  royalty,  and 

lU-fault  of  payment,  what  is  the  remedy? 

84.  How  in  case  of  license  and  periodical  payments? 

85.  \\'ill  the  use  of  an  article  patented  in  this  country,  but  law- 

fully acquired  abroad,  be  enjoined  ? 

86.  What  would  be  the  measure  of  damages  in  an  infringement 

suit? 

87.  What  may  the  court  do  ? 

88.  What  is  tlie  remedy  in  interference  cases? 


PARSONS   ON   CONTRACTS. 

Book  III,  Chapters  14  and  15. 

1.  Who  is  entitled  to  take  a  copyright? 

2.  For  what  term  of  years? 

3.  What  formality  is  required  ? 

4.  Do  any  letters  patent  issue  ? 

5.  How  do  they  differ  from  patents  as  to  renewal  ? 

6.  What  will  defeat  a  copyright? 

7.  Is  the  delivery  of  a  lecture  such  a  publication  as  will? 

8.  How  of  the  printing  alone  of  books  ? 

9.  How  of  the  representation  of  a  play  ? 

10-  What  could  the  hearers  do  without  infringement? 

11.  What  does  a  copyright  cover — the  author's  ideas  or  their 

expression  ? 

12.  Are  newspapers,  labels,  price-currents  covered  by  the  term 

book  f 

13.  What  amount  of  invention  or  novelty  is  required? 

14.  Is  a  selection  and  arrangement  of  the  materials  sufficient? 

15.  In  whom  resides  the  right  to  copyright  letters  ? 
1(3.  How  of  works  immoral  or  irreligious? 

17.  What  of  law  reports? 

18.  What  right  of  assignment  has  the  author  ? 

19.  How  before  or  after  copyrighting? 


119 

20.  What  is  tlie  effect  of  an  assignment  ? 

21.  ^\'hat  if  one  gratuitoush'  furnishes  comments  and  notes  to 

the  owner  of  a  copyrighted  book,  can  he  afterwards  copy- 
right them  ? 

22.  If  one  is  employed  by  a  manager  to  write  a  play  for  his 

theatre,  may  the  author  copyright  it  ? 

23.  Does  a  general  assignment  carry  this  right  to  the  extension 

also? 

24.  What  is  an  infringement  of  a  copyright? 

25.  What  is  the  penalty  of  infringement? 

26.  What  is  necessary  to  make  an  infringement  ? 

27.  How  of  reviews  and  criticisms  ? 

28.  How  if  the  pirated  material  is  only  part  of  a  new  work  ? 

29.  Will  the  })ublication  of  the  whole  be  enjoined? 

30.  Is  a  translation  of  a  book  into  a  foreign  language  an  in- 

fringement ? 

31.  How  if  translated  back  again  ? 

32.  How  of  compilations  ? 

33.  What  would  be  an  infringement  in  such  case? 

34.  What  of  abridgments  ? 

35.  What  abridgment  would  be  an  infringement  ? 

36.  In  what  cases  would  ecpiity  decline  to  interfere  by  injunction  ? 

37.  H«nv  if  u  work  lias  only  a  temi)orary  value? 

38.  What  exclusive  right  to  trade-marks  is  given  by  tlic  law? 

39.  What  is  the  object  of  the  trade-mark  ? 

40.  Wliat  are  the  subjects  of  trade-marks? 

41.  What  is  essential  to  a  proper  trade-mark? 

42.  How  of  terms  incjrely  describing  the  articles? 

43.  Can  the  producer  appropriate  a  word  in  coniniou  use  as  his 

exclusive  ]>njperty  '{ 

44.  How  of  a  new  word  ? 

•1.").   \\'li;it  niay  be  used  as  a  trad(!-mark  ? 

46.  Can  a  seller  use  a  trade-niaik  as  distinct  from  ,i  niiinufac- 
turer? 

•17.  How  of  tin-  nii;fulliori'/ted  use  of  a  party's  nanir  on  :inotlier 
htjtel  or  conveyaixe  than  his  own? 


120 

48.  Will  one  who  has  used  deception  in  connection  with  his 

trade-mark  be  protected  ? 

49.  Can  a  trade-mark  be  bequeathed  or  assigned  ? 

50.  Can  it  be  used  apart  from  its  original  ai)})lication  ? 

51.  How  in  case  of  a  sale  of  a  business  and  good-will? 

52.  What  amounts  to  an  infringement  of  a  trade-mark? 

53.  Is  corrupt  intention  necessary  ? 

54.  What  is  the  remedy  i* 


PARSONS   ON   CONTRACTS. 

SHIPPING. 
Book  III,  Chapter  16. 

1.  Under  a  building  contract,  when  does  title  to  a  ship  pass? 

2.  How  if  partial  payments  are  made  during  the  work  ? 

3.  What  rights  are  acquired  by  payment  of  instalments? 

4.  What  lien  has  the  builder? 

5.  What  lien  has  a  material-man  by  the  maritime  law  ? 

6.  How  of  American  and  English  law,  when  repairs  are  made 

in  the  home  port  ? 

7.  How  when  tliey  are  made  in  a  foreign  port? 

8.  How  if  the  owner  has  an  agent  in  the  foreign  port  ready  to 

pay  ? 

9.  How  is  this  lien  enforced,  and  is  possession  necessary  to  it? 

10.  Is  one  State  foreign  to  another  for  this  purpose  ? 

11.  What  modification  of  the  lien  is  made  as  to  domestic  vessels 

by  the  Supreme  Court  rules  ? 

12.  What  kind  of  claim  is  entitled  to  this  lien  ? 

13.  What  is  the  evidence  of  title  to  a  ship? 

14.  Is  writing  necessary  ? 

15.  What  is  required  by  act  of  Congress  of  1850? 

16.  For  what  object  is  written  evidence  of  title  necessary  ?    . 
17-  What  is  the  relation  of  part  owners  to  each  other 

18    What  control  has  a  ])art  owner  over  the  property? 


121 

19.  Wliat  of  a  majority  ? 

20.  How  will  a  court  of  admiralty  interfere  as  to  the  manage- 

ment? 

21.  What  is  a  ship's  hushand,  and  who  may  be? 

22.  What  are  his  duties? 

23.  What  authority  has  he  to  make  contracts  to  bind  the  owners  ? 

24.  Has  a  part  owner  any  lien  for  advances? 

25.  Is  there  any  warranty  of  title  or  fitness  on  a  sale  of  a  ship? 

26.  What  is  the  effect  of  retaining  possession  on  the  vendor's 

part  after  sale  ? 

27.  What  kind  of  delivery  can  be  made  where  the  ship  is  at  sea? 

28.  What  would  defeat  attaching  creditors  of  vendor  ? 

29.  When  has  the  master  authority  to  sell  ? 

30.  What  constitutes  the  justifying  necessity  ? 

31.  What  is  the  efiect  of  a  decree  of  sale  in  admiralty? 

32.  What  exception  to  the  rule  ? 

33.  What  is  the  effect  of  a  mortgagee's  taking  possession  ? 

34.  What  is  a  bottomry  bond  given  for  ? 

35.  How  does  it  differ  from  a  mortgage  or  pledge? 

36.  How  from  other  contracts  of  loan  ? 

37.  What  if  the  money  is  returnable  in  any  event  ? 
38. .How  is  the  bottomry  contract  enforced? 

39.  Can  the  bottomry  contract  be  secured  by  other  collateral 

contracts  or  mortgages  on  other  {property  ? 

40.  How  are  these  contracts  made  the  means  of  securing  usurious 

interest? 

41.  If  .several  successive  bottomry  bonds  are  given,  whicli  has 

tlic  |>ri()rity  ? 

42.  When  can  the  master  and  when  Llie  owner  give  a  IjoLtomry 

bond  ? 

43.  What  inquiry  must  h'tuhr  iiinkc  hefore  advancing  on  bot- 

tomry ? 

44.  Can  a   master  give  a  bottomry  bond    for  an  antecedent  in- 

debtedness ? 

45.  Does  tin;  l)ond  give  a  p(!rsonal  cliiiiii  against  the  owner? 

46.  What  will  discharge  the  Itond? 

47.  How  if  the  sliip  is  lost  through  the  master's  fault? 


122 

48.  What  is  the  respondontia  bond  ? 

49.  AVhat  is  freight,  and  what  is  the  contract  to  carry  called? 

50.  What  engagements  are  implied  on  the  owner's  part  by  the 

receipt  of  goods  on  board  ? 

51.  What  rights  does  he  acquire? 

52.  Can  the  owner  withdraw  the  goods  after  they  are  shipped  ? 

53.  When  is  freight  considered  earned  ? 

54.  What  exceptions  ? 

55.  Where  the  goods  arrive  in  a  damaged  condition,  under  what 

circumstances  is  freight  due  ? 

56.  How  if  the  entire  contents  of  barrels,  etc.,  are  lost  from  the 

perils  of  the  sea? 

57.  When  is  part  of  the  freight  payable  ? 

58.  When  is  it  apportioned  wliere  part  of  the  cargo  arrives  ? 

59.  What  are  the  reciprocal  remedies  of  owner  and  shipper  ? 

60.  When  does  the  lien  for  freight  commence  ? 

61.  What  is  a  bill  of  lading  ? 

62.  Who  may  be  the  consignee  ? 

63.  Can  the  master  bind  the  owner  by  a  bill  of  lading  given 

without  any  shipment  of  the  goods  ? 

64.  How  if  the  bill  is  assigned  to  a  third  person  for  value  and 

without  notice  ? 

65.  Who  has  the  right  of  action  on  a  bill  of  lading,  cobsignor 

or  consignee? 

66.  How  far  is  the  bill  of  lading  negotiable  ? 

67.  When  is  consignee  entitled  to  the  goods  ? 

68.  Is  the  lien  for  freight  lost  by  delivery  of  the  goods  ? 

69.  What  may  consignee  do  if  only  part  of  the  cargo  arrives, 

where  the  freight  is  a  gross  charge  for  the  whole  ? 

70.  If  he  receives  a  part,  has  he  aiiy  action  for  non-delivery  of 

the  rest  ? 

71.  What  must  the  ship-owner  show  to  exempt  himself  from  re- 

sponsibility for  the  goods  ? 

72.  If  he  pays  the  value  of  goods  lost,  is  he  entitled  to  freight  ? 

73.  If  the  voyage  is  interrupted  by  superior  authority,  as  an  em- 

bargo, is  freight  earned? 


123 

74.  If  the  voyage  is  ended  but  deliveiy  is  prevented,  how? 

75.  If  a  ship  is  detained  at  an  intermediate  port,  what  may  the 

owner  do  as  to  forwarding  the  goods  ? 

76.  Who  is    liable   for  any  extra  freight   that   may  be   neces- 

sary ? 

77.  What  if  the  ship-owner  refuses  to  transship  when  he  can  ? 

78.  If  the  goods  are  tendered  to  the  shipper  at  an  intermediate 

port,  what  may  he  do  ? 

79.  Can  the  master  sell  wlien  tlie  ship  is  arrested  at  an  interme- 

diate port? 

80.  What  is  a  charter-party  ? 

81.  If  in  the  master's  name,  does  it  bind  the  owners  personally  ? 

82.  With  whom  does  the  legal  possession  remain  when  a  charter- 

party  is  executed  ? 

83.  What  are  the  usual  stipulations? 

84.  What  is  the  security  to  each  for  performance  ? 

85.  What  is  demurrage  ? 

86.  What  remedy  for  failure  to  provide  the  cargo  within   the 

time  agreed  ? 

87.  Is  delay  from  superior  force  a  ground  for  demurrage? 

88.  What  will  discharge  the  charter-party? 

89.  What  is  the  effect  of  a  temporary  blockade  ? 

90.  What  liability  does  the  bill  of  lading  impose? 

91.  In  what  resi)ect  does  it  resemble  the  common  law  liability 

of  the  common  carrier? 

92.  For  wliat  losses  is  the  ship-owner  or  charterer  responsible 

to  tlie  shipper? 

93.  Is  fire  one  of  the  extraordinary  perils? 

94.  How  if  caused  by  liglitning? 

95.  In  cases  of  collision,  without  the  fault  of  either  party,  where 

does  the  loss  fall  ? 
90.  How  where  both  parties  are  to  lilame? 

97.  How  illlicre  is  Manic,  but  it  is  uncertain  where  it  licltnigs? 

98.  How    if  the   loss    results   from    the    fniilt  of  the   sutlcring 

])arty? 

99.  How  if  from  th.-  f;iiilt  of  ihc  other? 


124 

100.  What  was  the  common  law  rule  where  the  fault  was  mutual  ? 

101.  Where  the  loss  is  divided,  in  case  of  mutual  fault,  how  is  it 

apportioned  ? 

102.  What  is  the  presumption  in  case  of  collision  hetween  a 

steamer  and  a  sailer  ? 

103.  What  is  the  remedy  in  admiralty  in  case  of  collision  ? 

104.  What  remedy  has  the  shipper  of  goods  where  they  are  in- 

jured or  lost  through  collision  by  the  ship-owner's  fault? 

105.  How  if  they  are  lost  in  collision  from  the  fault  of  the  other 

vessel ? 

106.  Has  the  shipper  a  remedy  against  the  vessel  in  default? 

107.  What  is  salvage  ? 

108.  What  security  and  remedy  has  the  salvor  ? 

109.  In  what  case  may  a  salvor  interfere  ? 

110.  What  are  the  cases  proper  for  marine  salvage? 

111.  What  is  derelict? 

112.  Does  the  case  arise  when  master  and  crew  voluntarily  give 

up  the  ship  to  the  salvor? 

113.  What  persons  are  entitled  to  claim  salvage? 

114.  Can  passengers? 

115.  When  may  one  of  the  crew  ? 

116.  A  pilot? 

117.  If  part  of  a  ship's  crew  engage  in  the  actual  work  of  sav- 

ing, are  the  rest  entitled  to  salvage  ? 

118.  How  as  to  the  owner  of  the  relieving  ship? 

119.  What  are  double  sets  of  salvors  ? 

120.  Do  the  first  salvors,  in  such  case,  lose  their  reward  ? 

121.  Who  are  entitled  to  share  in  salvage  ? 

122.  Is  there  constructive  assistance  ? 

123.  Is  salvage  allowed  for  saving  life  ? 

124.  What  amount  is  allowed  for  salvage  ? 

125.  What  property  pays  the  salvage  ? 

126.  Does  the  freight? 

127.  When  are  salvors  precluded  from  claiming? 

128.  What  is  meant  by  general  average  ? 

129.  What  property  is  to  contribute  to  it  ? 

130.  Is  a  loss  cansed  by  the  elements  a  subject  of  general  average? 


125 

131.  Wliat  is  essential  to  make  a  case  for  general  average? 

132.  If  a  jettison  is  made  b}^  the  master,  but  the  cargo  could  not 

have  been  saved  anyhow,  is  this  a  case  for  average? 

133.  Is  a  loss  by  surrender  of  goods  to  pirates,  as  a  ransom,  a  case 

for  average  ? 

134.  Where  injury  to  a  vessel  is  caused  in  saving  cargo,  is  it  a 

case  for  salvage? 

135.  How  of  wages  and  premiums  in  seeking  a  port  of  repair  ? 

136.  Is  there  a  difference  where  the  injury  was  caused  by  tempest 

or  voluntary  sacrifice  ? 

137.  Where  the  loss  is  from  a  decree  of  salvage,  is  it  a  subject  of 

average  ? 

138.  By  what  standard  of  value  is  the  loss  averaged? 

139.  Does  freight  contribute? 

140.  Is  the  loss  of  freight  or  goods  thro\yn  overboard  itself  a  sub- 

ject of  average  ? 

141.  Where  is  the  average  to  be  adjusted? 

142.  What  authority  has  the  master  in  a  foreign  port  as  to  char- 

tering the  ship,  etc.? 

143.  Is  the  master  himself  responsible  on  his  contracts  ? 

144.  What  remedy   is  there  on    a    charter-party   in  his    own 

name  ? 

145.  How  far  are  owners  responsible  for  the  master's  negligent 

torts? 

146.  How  far  is  the  master  responsible  for  goods  shipped? 

147.  How  far  is  he  bound  to  the  mariners? 

148.  What  right  has  the  master  in  regard  to  securing  his  advances 

or  securing  himself  against  liabilities  for  advances  ? 
141).  (-'an  a  master  delegate  1 1 is  authority  ? 

150.  What  power  has  he  over  the  cargo  when  he  can  neither 

carry  nor  send  it  forward  ? 

151.  If  all  the  cargo  be  sold,  can  any  part  of  the  loss  be  charged 

to  the  cargo  ? 

152.  How  are  shipping  articles  generally  interpreted  ? 

153.  What  lien  have  seamen,  and  how  does  it  rank  as  to  others? 

154.  Wliat  relation  have  wages  to  freight? 


126 

1 55.  Tf  a  ship  is  bound  out  and  home,  and  performs  the  outward 

voyage,  but  is  lost  on  tlie  way  home,  are  there  any  wages 
earned  ? 

156.  How  if  parts  of  the  cargo  are  delivered  at  diflerent  ports? 

157.  How  if  the  freiglit  is  paid  in  advance? 

158.  How  if  the  voyage  is  lost  througli  the  misconduct  of  master 

or  owner? 

159.  What  is  the  relation  of  the  pilot  to  the  ship  ? 

160.  What  of  losses  from  neglect  to  employ  pilots  ? 


PARSONS  ON   CONTRACTS. 
Book  III,  Chapter  17. 

1.  What  is  the  contract  of  maritime  insurance? 

2.  What  called? 

8.  What  form  is  necessary  ? 

4.  What  is  the  consideration  ? 

5.  How  does  it  become  also  a  contract  of  the  insured  ? 

6.  Is  he  bound  to  expose  to  the  risk  insured  against  after  re- 

ceiving the  policy  ? 

7.  If  not,  is  any  premium  payable? 

8.  What  are  the  stipulations  on  the  part  of  the  insured? 

9.  If  agent  insure  without  authority,  can  principal  ratify  after 

loss  ? 
10.  How  does  insured  forfeit  the  policy  ? 
12.  Can  a  policy  be  assigned? 

12.  What  is  the  suliject-matter  of  the  insurance? 

13.  What  is  the  effect  of  transfer  of  property  after  insurance  ? 

14.  How  if  insured  be  a  trustee  ? 

15.  How  does  assignment  of  policy  operate  if  consent  of  the  in- 

surer is  required  and  not  given? 

16.  How  of  an  assignment  for  the  l)enefit  of  creditors  ? 

17.  How  of  assignment  after  loss  has  occurred? 

18.  How  of  an  assignment  by  one  to  other  joint  owners? 

19.  If  a  ship  sails  but  immediately  returns,  is  the  premium  due  ? 


127 

20.  If  the  premium  is  paid  but  tlie  voyage  abandoned,  can  the 

premium  be  recovered  ? 

21.  What  are  open  and  what  vahied  policies? 

22.  In  the  latter,  if  part  of  goods  are  not  shipjied,  is  part  of  pre- 

mium to  be  returned  ? 

23.  What  interest  must  be  named  in  the  policy? 

24.  What  can  be  insured  ? 

25.  How  must  the  thing  be  described? 

26.  Can  a  jjolicy  be  made  to  cover  loss  already  incurred  ? 

27.  "  Lost  or  not  lost  '^  means  what? 

28.  When  does  the  risk  terminate  ? 

29.  What  does  an  open  policy  cover? 

30.  What  is  double  insurance?     Over  insurance? 

31.  How  did  the  various  underwriters  pay  in  case  of  loss? 

32.  In  case  the  second  i)()licy  is  expressed  to  cover  what  is  not 

already  covered  by  the  prior  policy,  what  is  the  meaning  ? 

33.  In  case,  then,  the  property  diminishes  in  value,  what  is  the 

effect? 

34.  What  is  the  object  of  requiring  other  insurances  to  be  noti- 

fied to  the  insurers? 

35.  Is  it  douV)le  insurances  for  mortgagor  and  mortgagee  to  in- 

sure their  respective  interests? 

36.  What  is  reinsurance,  and  its  object? 

37.  Is  there  any  jirivity  between  insured  and  the  reinsured? 

38.  What  must  l)e  j)roven  against  the  latter? 

39.  Where  a  vessel  is  insured,  is  the  underwriter  responsible  for 

losses  from  neglect  of  crew? 

40.  How  if  this  neglect  caused  loss  l)y  the  perils  of  the  sea? 

41.  What  arc  ordinary   and  extraordinary   risks,  and  arc  the 

former  covered  by  the  insurance? 

42.  Does  it  cover  destruction  l)y  lire  to  mwr  iVnin  (he  enemy? 

43.  When  is  general  average  a  loss  within  the  policy? 
4  1.  What  is  a  total  loss? 

15.  What  is  abandonment? 

Id.  Can  the  underwriter  pursue  the  voyage  ami  rmn  lh<'  pidlit 

if  he  can  save  the  vessel  ? 
17.   In  case  of  partial  loss,  what  is  the  <luly  of  the  underwriter? 


128 

48.  If  an  injured  vessel  is  repaired  with  new  materials  what  does 

the  insurer  pay  for  thoin? 

49.  What  is  a  warranty  in  a  policy? 

50.  If  the  fact  be  i'alse,  does  materiality  njake  aiiy  difference? 

51.  What  is  the  effect  of  breach? 

52.  What  are  representations  ? 

53.  What  the  effect  of  a  false  one? 

54.  What  if  innocent  ? 

55.  What  are  implied  warranties  on  the  part  of  the  insured? 

56.  What  is  deviation,  and  its  effect  ? 

57.  What  of  deviation  frorn  necessity? 

58.  In  what  case  can  there  be  no  deviation  ? 


PARSONS  ON  CONTRACTS. 

Book  III,  Chapters  18  and  19. 

1.  In  fire  insurance,  what  is  the  security  of  the  insured? 

2.  What  is  the  arrangement  in  mutual  companies  ? 

3.  Does  the  distinction  between  warranties  and  representations 

apply?  « 

4.  How  far  is  the  description  of  the  property  in  a  policy  a  war- 

ranty for  the  future  ? 

5.  How  do  alterations  in  a  house  affect  the  policy? 

6.  How  if  destroyed  from  increased  risk  during-  the  alteration  ? 

7.  What  warranties  would  be  regarded  as  continuing,  and  what 

not? 

8.  What  is  necessary  to  make  a  misrepresentation  avoid  a  policy? 

9.  What  if  it  is  stipulated  that  false  answers  on  particular 

matters  shall  avoid  ? 

10.  What  interest  is  sufficient  ? 

11.  Is  a  mere  expectancy  ? 

12.  How  as  to  a  mortgagor? 

13.  How  if  the  buildings  are  burned  but  the  land  is  sufficient 

security  ? 

14.  If  insurer  pays  mortgagee,  is  he  entitled  to  subrogation? 


129 

15.  May  mortgagee  still  sue  for  the  debt  ? 

16.  What  is  the  usual  form  of  the  contract? 

17.  What  is  the  practice  of  factors  as  to  description  of  the  goods? 

18.  Is  a  lien  an  insurable  interest? 

19.  ^^'hat  if  the  property  is  already  destroyed,  or  in  innninent 

danger  of  it? 

20.  Can  they  make  it  retrospective? 

21.  How  if  exposed  to  a  dangerous  lire  at  thu  time? 

22.  What  loss  is  covered  by  insurance  against  tire? 

23.  Is  one  from  steam  or  explosion  from  another  house  blown  up? 

24.  How  as  to  a  gunpowder  explosion  caused  by  fire  ? 

25.  How  as  to  injuries  from  water,  or  in  removing  goods? 

26.  How  of  theft? 

27.  How  of  blowing  uji  to  prevent  tlie  spread  of  tlie  iire  ? 

28.  If  underwriters  elect  to  rcl)uild,  what  is  their  liability? 

29.  How  are  damages  limited  in  case  Qf  failure? 

30.  Is  negligence  of  the  insured  or  servants  a  defence  to  the 

underwriters? 

31.  What  is  the  effect  of  alienation,  total  or  partial? 

32.  Has  a  mortgage  any  such  effect? 

33.  Assignment  l>y  voluntary  bankruptcy? 

34.  \\'hat  standard  of  value  determines  the  claim  of  the  assured  ? 

35.  In  case  of  partial  destruction,  if  the  repairs  cost  less  than  the 

sum  insured,  what  (jf  the  balance? 

36.  In  case  of  double  insurance,  what  do  the  insurers  pay? 

37.  Does  the   notice  rcquiriMl   a]i|)ly  lo  subsiMjUfnt   as  well  as 

prior  insurance? 

38.  How  if  this  hv  void? 

39.  What  is  tiie  ellcel  of  not  giving  tin-  nut  ice  rcipiii-cd? 

40.  If  the  mortgagee  insures  himself,ainl  lln'  nmrtgagor  also,  for 

his  benefit,  is  tiiis  double  insurance? 
11.   Reinsurance  is  wliat? 

42.  Will  f'onditions  in  policies  as  to  tinic  of  demand  and  suit  be 

binding? 

43.  What di lien 'Mce  is  there  ix'tweeii  niarilinieand  lire  insurance 

in  ease  of  jiartial  loss? 

!) 


130 

44.  Where  one  insures  his  life,  to  whom  is  the  money  payable 

on  his  death  ? 

45.  Where  he  insures  another's  life,  how  on  the  death  of  the 

insured  ? 

46.  What  effect  is  given  to  the  answers  of  an  applicant  for  insur- 

ance to  the  ])rinted  forms  of  questions? 

47.  The  general  statement  that  he  is  in  good  health  covers  what? 

48.  Is  the  company  hound  by  the  certificate  of  its  own  physician  ? 

49.  If  one  insures  another,  is  he  bound  by  his  answers? 

50.  What  effect  have  exceptions  of  certain  pursuits,  etc.,  in  the 

policy  ? 

51.  Is  interest  in  another's  life  necessary  to  entitle  one  to  insure? 

52.  What  is  sufficient  interest,  where  required? 

53.  Where  the  creditor  collects  an  insurance,  can  the  debtor's 

representatives  refuse  to  pay  the  debt? 

54.  Is  the  insurer  paying  subrogated  to  the  creditor? 

55.  Can  creditors  interfere  with  an  insurance  for  wife's  benefit? 

56.  When  does  the  risk  begin  ? 

57.  How  in  case  of  bargain  to  insure? 

58.  If  a  renewal  premium  is  not  paid,  but  the  agent  promises  to 

make  another  policy,  or  charges  himself  with  the  premium, 
is  the  company  bound? 

59.  How  if  so  many  days  are  allowed  after  expiration  of  policy, 

and  the  insured  dies  in  the  interval  ? 


PARSONS   ON   CONTRACTS. 

Part  II,  Chapter  I. 

1.  In  what  cases  does  the  court  and  in  what  does  the  jury  de- 

termine the  meaning  of  a  contract? 

2.  What  is  the  cardinal  ethical  rule  of  interpretation  ? 

3.  How  far  is  this  modified  by  common  law? 

4.  How  if  a  contract  cannot  operate  in  one  way,  but  can  in 

another 


131 

5.  Take  the  case  of  bargain  and  sale  for  love  and  affection? 

6.  Against  whom  is  the  contract  most  strongly  construed? 

7.  What  is  the  rule  as  to  inconsistent  clauses  in  deeds,  wills, 

and  other  instruments? 

8.  What  is  the  effect  of  express  contract  of  title  in  a  lease  on  the 

legal  implications  from  the  word  demise? 

9.  How  if  a  mortgage  expressly  conveys  some  of  the  fixtures? 

10.  If  printed  forms  are  filled  up,  to  which  is  most  weight  given, 

the  printing  or  writing? 

11.  In  what  cases  is  a  contract  severable? 

12.  What  is  the  right  of  rescission  in  case  of  entire  contracts? 

13.  In  case  of  part  performance,  what  is  a  remedy  if  a  party  is 

prevented  from  completing? 

14.  How  when  deviations  are  made  by  consent? 

15.  Suppose  a  party  performs  partly,  and  then  refuses  to  com- 

plete, but  the  fruit  of  the  part  performance  is  retained  by 
the  other  }>arty,  can  the  first  recover  for  the  work  done  ? 
,16.  When  were  mutual  covenants  considered  independent,  and 
when  dependent? 

17.  Is  parol  evidence  admissible  to  change  the  terms  of  a  con- 

tract ? 

18.  How  as  to  fraud  in  reducing  to  writing  ? 

19.  What  is  the  rule  as  to  J'alm  dcmovstratio  f 

20.  Is  parol  evidence  admissible  to  show  the  contract  other  than 

the  law  im[tlies? 

21.  What  as  to  contemporaneous  writings? 

22.  Can  it  be  shown  hy  parol  that  recitals  are  incorrect? 

23.  That  the  consideration  is  diflerent? 

24.  How  as  to  alterations? 

25.  How  as  to  instruments  under  seal? 

26.  How  as  to  waiver  of  conditions,  etc.? 

27.  Additional  consideration? 

28.  Receipts? 

29.  How  is  this  rule  as  to  tliird  persons? 

30.  What  is  the  rule  as  to  patent  and  latent  ambiguity? 


132 


PARSONS    ON     CONTRACTS. 

Part  II,  Chapter  2. 

1.  What  force  and  eflect  has  the  law  of  one  State  in  anotlier  ? 

2.  By  what  hiw  is  the  capacity   of  a  contracting  party  deter- 

mined ? 

3.  How  as  to  the  validity  and  interpretation  of  the  contract? 

4.  What  is  the  comity  of  nations? 

5.  Would  a  contract  here  to  pay  interest,  at  10  per  centum  per 

annum,  be  enforced  in  a  State  where  the  interest  is  lower? 

6.  Would  a  contract  here  to  pay  20  per  centum,  which  is  un- 

lawful here,  be  enforced  in  California,  if  lawful  there? 

7.  What  law  governs  the  descent  and  transfer  of  real  estate  ? 

8.  If  one  contract  a  debt,  valid  there,  in  another  State,  secured 

by  deed  of  trust  here,  and  the  interest  would  be  usurious 
here,  what  is  the  consequence  ? 

9.  What  law  governs  as  to  personal  capacity,  i.e.,  slavery,  mar- 

riage, infancy,  apprenticeship,  etc.? 

10.  If  a  party  under  age  by  the  law  of  his  domicil,  contract  else- 

where, where  he  is  of  full  age,  for  that  purpose,  which  law 
governs  ? 

11.  What  is  one's  domicil? 

12.  What  the  wife's ?     Child's? 

13.  How  is  it  changed? 

14.  Can  one  have  two  domicils? 

15.  What  determines  the  question,  when  he  resides  in  different 

l)laces  at  difi'erent  tinies  of  the  year? 

16.  If  the  contract  is  made  in  one  place,  but  is  to  be  performed 

in  another,  the  laws  of  which  place  govern  ? 

17.  How  of  a  promissory  note  in  New  York,  paya1)le  in  Wash- 

ington ? 

18.  When  a  note  is  dated  at  one  place,  though  made  at  another, 

to  which  does  it  belong? 

19.  If  a  New  York  merchant  gives  notes  in  Boston  for  goods,  to 

which  city  does  the  contract  belong? 


133 

20.  If  a  note  be  given  in  New  York  payable  in  Boston,  how? 

21.  If  a  note  be  given  generally,  not  dated,  at  New  York,  how? 

22.  How  if  dated  at  New  York  or  payable  there? 

23.  What  law  determines  the  sufficiency  of  discharges? 

24.  Does  the  law  of  the  place  apply  to  torts  ? 

25.  What  is  the  kr /on  .^ 

26.  A  deed  with  a  scroll  being  a  specialty  here,  but  a  simple 

contract  in  New  York,  what  action  may  be  brought  on  it 
in  New  York  ? 

27.  Is  the  defence  of  limitations  governed  by  the  hiw  of  the  place 

of  the  contract,  or  law  of  tlie  forum  ? 

28.  Wliat  if  lapse  of  time  by  the  law  of  the  place  of  contract 

extinguishes  the  debt? 

29.  Hosv,  wlien  by  the  lex  loci  contractus,  one  acquires  com]:)lete 

title  to  personal  chattels,  by  possession  ? 

30.  Does  the  Statute  of  Frauds  belong  to  the  kx  loci  or  lex  fori  f 

31.  How  of  set-oif? 

32.  By  what  law  is  the  validity  of  marriage  governed? 

33.  How  if  deemed  incestuous  by  the  law  of  another  State? 

34.  How  if  i)arties  go  abroad  and  mai-ry  1<>  fvailc  local  law? 

35.  By  what  law  arc  the  incidents  of  marriage  governed? 

36.  By  what  law,  the  question  of  legitimacy  in  case  of  realty  and 

]»ersonalty  ? 

37.  Wliat  dclcrmines  tlic  wife's  title  in  husbantls  [H'operty? 

38.  By  what  law  is  the  validity  of  divorce  governed? 

39.  What  jurisdiction  is  necessary  to  make  a  divorce  valid  ;  must 

l.olli  |.;irties  he  within  the  State? 

40.  What  is  the  nature  of  a  decree  of  divorce,  is  it  //<  pcrsondiu 

or  in  rem  "^ 
II.    How  if  one  go  abroad  to  get  a.  divoi-ee,  in    fraud  of  the  law 
of  his  domieil  ? 

42.  What  edect  had  a  foreign  judgment  at  eonnnoii  law? 

43.  What  dillerencc  between  suij)g  on   it  and  olVeiiiei  it   in  de 

fence? 

44.  What  of  an  inliiloeutory  juijgment  ? 

45.  What  merger  is  there  (tl'lln'  oiii'inal  <'anse  ol'  action? 


134 

f 

46.  Can  a  foreign  lis  pendens  be  pleaded  in  abatement  even  ? 

47.  What  is  the  effect  of  a  judgaient  of  another  State  in  this 

country  ? 


PARSONS   ON   CONTRACTS. 

Part  II,  Chapter  3. 

1.  Is  an  attorney  at  law,  employed  to  collect,  authorized  to 

receive  payment  ? 

2.  Is  an  auctioneer  ? 

3.  A  wife  ? 

4.  Can  payment  be  made  to  principal,  if  the  agent  is  known  to 

have  claims  on  the  fund? 

5.  Can  a  debtor  set  off  a  demand  on  the  agent,  known  to  be 

such,  against  the  principal? 

6.  Can  ])ayment  be  made  to  one  of  joint  creditors  not  partners  ? 

7.  How  of  partners? 

8.  How  of  executors  and  trustees  ? 

9.  How  of  joint  depositors  in  bank  ? 

10.  If  pai'tial  payment  be  made  to  one,  can  the  debtor  pay  the 

balance  to  the  other  ? 

11.  Is  part  payment  of  a  debt,  receipted  in  full,  a  bar? 

12.  If  so,  under  what  circumstances? 

13.  How  of  compromises  of  doubtful  claims? 

14.  What  is  a  debtor's  duty  as  to  payment? 

15.  Would  mailing  the  money  be  payment? 

16.  Will  payment  in  bank  bills  be  sufficient  ? 

17.  How  of  payment  in  forged  bills  ?  • 

18.  How  if  the  bank  be  insolvent  but  has  not  actually  failed, 

without  the  knowledge  of  either? 

19.  How  if  tlie  bank  has  actually  failed  ? 

20.  How  if  notes  are  taken  in  payment  for  goods  at  the  time  of 

sale,  instead  of  in  payment  of  an  existing  debt  ? 

21.  How  is  payment  by  check  considered  ? 


135 

22.  How  if  a  bank  fails  before  the  check  is  presented? 

23.  ^\'hat  of  payment  by  note  ? 

24.  What  if  the  note  is  indorsed  over? 

25.  When,  if  at  all,  can  the  creditor  sue  on  the  original  considera- 

tion, in  such  a  case? 

26.  How  of  a  third  person's  note? 

27.  What  is  the  duty  of  liolder  as  to  demand,  etc.,  and  what  the 

consequence  of  neglect? 

28.  What  is  payment  by  delegation  ? 

29.  How  about  deposits  with  stakeholders,  and  what  payments 

will  discharge  them  ? 

30.  How  of  de}iosits  with  auctioneer,  on  sale  ? 

31.  What  if  stakeholder  pay  over  to  one  jiarty  in  advance  of  de- 

cision, on  receiving  indemnity  ? 

32.  How  is  money  paid,  to  be  applied,  when  there  are  several 

distinct  debts? 

33.  How  if  collected  by  execution  ? 

34.  If  the  debtor  fails  to  make  application,  how  ? 

35.  If  neither  party  makes  the  application,  how  will  it  be  done? 

36.  How  will  the  law  apply  when  one  of  several  debts  is  disputed  ? 

37.  What  limitations  are  there  on  the  creditor's  right  of  appli- 

cation ? 

38.  How  as  to  debts  held  in  different  rights?  how  where  one  is 

not  due? 

39.  How  as  to  items  not  suable? 

40.  How  when  one  debt  is  barred  by  limitations  ? 

41.  How  when  payment  is  made  by  a  third  person  and  not  the 

debtor? 

42.  How  will  the  court  apjjly,  as  between  good  ami  precarious 

securities? 

43.  How  l^etween  mortgage  debt  and  (jne  unsecured  ? 

44.  liow  l)etween  one  bearing  interest  and  one  not? 

45.  How  where  one  de))t  binds  a  surety  ? 
40.   How  is  interest  to  be  c()mj)ut(;d  ? 

47.  What  is  tiie  diflerence  betwcuiii  the  two  modes? 

48.  When  must  a  tcn(U'r  \)v  shown? 

49.  In  what  kind  of  case  could  tender  be  proven? 


136 

50.  Can  tender  be  pleaded  with  general  issue  ? 

51.  What  is  tlie  effect  of  tender  ? 

52.  Wliat  amount  should  be  tendered? 

53.  What  if  more  than  the  debt  be  tendered  ? 

54.  In  what  must  it  be  made? 

55.  When  is  it  good  in  bank  notes  ? 
5G.  Must  the  money  be  produced  ? 

57.  When  is  production  excused? 

58.  Is  a  conditional  tender  good? 

59.  How  if  on  condition  of  giving  a  release  ? 

60.  What  is  the  efiect  of  a  subsequent  demand  and  refusal  ? 

61.  When  specific  articles  are  to  be  tendered,  what  is  the  debtor's 

duty  ? 

62.  If  goods  are  at  the  time  and  place  agreed,  and  the  buyer  is 

not  there,  what? 

63.  What  was  the  effect  of  a  tender  of  goods  ? 

64.  If  tlie  debtor  had  the  option  to  pay  in  goods  or  money  and 

failed  to  deliver  the  goods,  what  is  the  effect? 


PARSONS   ON   CONTRACTS. 

Part  II,  Chapter  3,  continued. 

1.  What  is  a  release  ? 

2.  Must  it  be  under  seal,  and  why  ? 

3.  Suppose  not,  but  it  is  for  a  consideration,  what  would  it  be  ? 

4.  What  of  a  general  covenant  not  to  sue  ? 

5.  What  of  a  covenant  not  to  sue  for  a  limited  time  ? 

6.  What  of  covenant,  generally,  not  to  sue  one  of  several? 

7.  On  what  can  a  release  operate  ? 

8.  How  of  future  causes  of  action  ? 

9.  How  of  contract  rights  depending  on  future  conditions  ? 
10.  Can  a  general  release  under  seal  be  qualified  by  parol  evi- 
dence ? 


137 

11.  Can  a  release  by  another,  beneficially  interested,  be  })leaded 

against  a  plaintiff  having  the  legal  right  of  action? 

12.  When  is  a  release  by  operation  of  law? 

13.  How  of  the  taking  of  higher  security  as  collateral? 

14.  What  of  alteration  by  a  stranger? 

15.  By  holder  ? 

16.  How  does  adding  a  seal  alfect  the  contract? 

17.  What  is  the  presumption  in  case  of  alteration? 

18.  How  would  title  under  a  deed  be  affected  by  an  alteration 

in  it? 

19.  How  as  to  the  covenants  ? 

20.  What  is  the  effeet  of  pendency  of  another  suit  for  the  same 

cause  of  action  ? 

21.  How  of  a  suit  al)road  ? 

22.  How  of  attachment  of  the  debt  b}'  garnishment  abroad  ? 

23.  What  is  the  defence  of  a  former  judgment? 

24.  What  is  necessary  to  maki'  tlic  toniiii-  judgment  an  estop])el  ? 

25.  What  must  ai)pear  in  the  record  ol'  a,  former  judgment? 

26.  How  if  tlic  pleadings  are  general,  cim  tlic  (|Ucstioii  settled  be 

shown  by  jnirol  ? 

27.  How  as  to  identity  of  form  of  action  ? 

28.  In  what  cases  are  trover   and  assumpsit  identical   in  this 

res))ect  ? 

29.  Against  whom  can  ;i  r<iriiiir  judgment  be  pleaded? 

30.  How  of  a  foreign  judgment? 

31.  To  what  kinds  of  debts  does  set-off  a]>|»ly? 

32.  How  of  a  riniiiiiig  ac.eouiit  between  two  parties? 

33.  Is  this  a  coniuion  law  or  statutory  defence? 

34.  How  is  this  defeiu;e  to  be  availed  of? 

35.  How  of  claims  for  damages? 

36.  Mow  of  claims  in  ecpiity  ? 

37.  (.'an  damages  claimed  on  a  contract  fur  tpjict  enjoyment,  be 

set  off  in  an  acticin  lor  rent? 

38.  (Jan  a  setoff  be  pleaded    in  ;ni    iietion     for    nnli(|uid;ite(l 

damages? 

39.  How  can   set-oil'  lie    |iievenled    by  |il:iinlill    by  the   joiui   of 

action  ? 


138 

40.  How  of  liquidated  damages  ? 

41.  How  of  debts  of  different  degrees? 

42.  What  is  the  practice  as  to  setting  off  judgments? 

43.  How  of  bonds  with  penalties  ? 

44.  Can  a  debt  not  yet  matured  be  set  off"? 

45.  Can  a  liability  as  surety  for  plaintiff? 

46.  How  of  a  debt  barred  by  limitations  ? 

47.  How  if  debts  are  due  in  different  rights? 

48.  How  as  to  survivor  of  several  ? 

49.  How  of  executors  as  to  contracts  made  by  themselves  ? 

50.  How  of  trustee  and  cestui  que  trust  f 

51.  How  of  nominal  and  real  parties? 

52.  How  as  between  principal  and  strangers,  with  regard   to 

debt  of  agent? 

53.  What  is  the  difference  between  set-off  and  recoupment? 

54.  Is  the  defendant  barred  by  not  pleading  his  set-off? 

55.  Can  non-negotiable  note  of  plaintiff'  assigned  to  the  defend- 

ant be  set-off? 

56.  If  the  set-off  exceed  plaintiff's  claim,  can  defendant  have 

judgment  for  difference? 


PARSONS  ON  CONTRACTS. 

Part  II,  Chapter  3,  continued. 

1.  What  does  a  contract  to  convey  real  estate  import? 

2.  What  does  a  "  good  and  sufficient "  deed  mean  ? 

3.  If  a  contract  is  to  do  one  of  two  things  who  has  the  choice? 

4.  Can  a  contract  be  optional  with  one  party  and  binding  on 

the  other  ? 

5.  When  is  partial  performance  a  defence  pro  tanto  ? 

6.  Is  performance  after  an  agreed  time  a  defence  ? 

7.  If  a  thing  is  to  be  done  in  so  many  days,  how  are  they 

counted  ? 

8.  How  when  Sunday  is  the  day  of  performance  ? 


139 

9.  If  one  incapacitates  hiinself  from   performance  before  the 
time  agreed,  what  is  the  consequence? 

10.  When  is  notice  required  before  one  is  obliged  to  perform  ? 

11.  When  is  demand  or  request? 

12.  When  does  impossibility  excuse? 

13.  What  of  covenants  to  repair? 

14.  How  if  contract  to  do  sometliing  impossible  on  its  face? 

15.  How  of  something  sini])ly  imi)ossible  to  tlie  promisor? 

16.  Would  blockade  of  a  port  by  a  foreign  )»ower,  be  the  impos- 

sibility of  delivering  goods  there,  which  would  excuse? 

17.  How  if  our  laws  forbade  the  trade? 

18.  What  if  a  contract  is  valid  when  made  and  the  act  is  made 

illegal,  by  a  law  which  is  then  repealed  before  time  of  per- 
formance ? 

19.  What  is  the  rule  as  to  dependent  and  independent  covenants 

when  the  times  of  performance  are  different? 

20.  How  if  the  part}^  who  is  to  perform  last,  disables  himself 

before  the  time  of  the  other  performance  ? 

21.  How  may  a  contract  be  rescinded  ? 

22.  Who  can  exercise  the  right? 

23.  How  when  there  has  been  a  partial  performance  ? 

24.  How  if  the  contract  be  severable  ? 

25.  How  if  the  other  party  can  be  put  in  the  same  condition  as 

before  V 

26.  Can  one  rescind  without  doing  this? 

27.  What  exception  is  tliere  to  this  ? 

28.  What  is  the  difference  between  rescinding  a  contract  and 

suing  on  it  for  damages  ? 

29.  After  rescinding,  can  one  sue  fur  (himages? 

30.  What  is  accord  and  satisfaction? 

'j\.  Is  accord  sufficient  without  satisfaction? 

32.  How  can  a  sealed  instrument  be  altered? 

33.  How  can  a  breach  be  settled  ? 

34.  in  parol  contracts,  how  can  changes  l)e  made? 

35.  How  of  a  new  agreement  with  orwitliout  consideration,  and 

in  the  latter  case,  executed  ? 


140 

3G.  If  on  a  new  consideration,  liow  far  is  performance  necessary 
to  make  accord  and  satisfaction  ? 

37.  How  as  to  a  new  note,  with  or  witliout  surrender  of  the  old  ? 

38.  How  (h)es  a  new  executory  contract  affect  remedies  on  ex- 

isting debts  ? 

39.  How  of  agreements  to  dismiss  mutual  suits,  executed  ? 

40.  How  of  collateral  security  with  power  of  sale,  does  it  suspend 

action  on  the  original  cause? 

41.  How  of  specific  articles? 

42.  If  the  new  thing  be  of  no  advantage,  what  ? 

43.  If  a  parol  contract  is  altered  by  a  new  one,  before  breach,  is 

this  an  accord  and  satisfaction  ? 

44.  Wliat  is  agent's  or  attorney's  power  to  submit  to  arbitration  ? 

45.  Must  the  submission  be  mutually  binding  ? 

46.  What  are  the  general  requisites  of  an  award  ? 

47.  In  what  case  can  it  be  set  aside  ? 

48.  A  general  submission  leaves  what  to  the  arbitrators  ? 

49.  How  of  mistakes  in  computation  or  erroneous  assumptions 

of  fact? 

50.  How  of  error  of  judgment  in  weighing  evidence? 

51.  How  of  unfairness  in  proceedings,  want  of  notice,  etc.  ? 

52.  How  ought  the  umpire  to  be  chosen  ? 

53.  Will  courts  compel  a  party  to  perform  an  agreement  to  refer  ? 

54.  Do  they  sustain  action  on  such  an  agreement? 

55.  How  if  a  party  revokes  his  submission  ? 

56.  How  long  may  the  right  to  revoke  exist? 

57.  What  would  be  a  revocation  ? 

58.  Can  submissions  under  rules  of  court  be  revoked  ? 


PARSONS  ON  CONTRACTS. 

Part  II,  Chapter  3,  continued,  and  Chapter  4. 

1.  If  money  is  paid  under  an  illegal  executory  contract  can  it 

be  recovered  ? 

2.  How  if  performed  by  the  other  party  ?     Examples. 


141 

3.  What  of  contracts  in  restraint  of  trade? 

4.  What  of  partial  restraints  ? 

5.  How  of  contracts  in  fraud  of  revenue  laws,  domestic  and 

foreign  ? 

6.  What  wages  were  illegal  at  common  law  ? 

7.  \\'liat  is  champerty  and  its  eflfect  on  a  contract? 

8.  What  two  classes  of  fraud  are  there? 

9.  How  far  is  it  necessary  that  the  representation  shall  be  in 

some  material  thing? 

10.  How  of  misrepresentation  l)y  an  agent? 

11.  How  far  is  actual  injury  necessary? 

12.  What  if  the  thing  represented  is  true  but  was  not  so  known 

to  the  party  ? 
18.  What  of  a  })urchase  of  i)ersonalty  without  the  intention  of 
paying  t"or  it? 

14.  What  of  misrepresentation  of  value  wlicn  both  })arLies  liad 

equal  opportunities  of  knowing  the  truth? 

15.  Is  fraud  necessar}'  to  make  a  misrepresentation  avoid  a  con- 

tract ? 
1  <i.   What  difference  between  representation  in  and  outside  of  the 
contract? 

17.  How  is  it  Iield  in  tiiis  country  as  to  re|)resentation  with  or 

without  knowledge  of  their  falsity? 

18.  What  of  extrinsic  matters,  as  the  state  of  the  market,  etc.  ? 

19.  What  of  concealments? 

20.  What  of  an  expression  olOpinion? 

21.  In  case  of  fraud,  what  may  a,  i)arty  do  in  rescMuding? 

22.  What  if  one  act  on  a   frnndnlcnt  conliiict,  as  to  his  right 

afterwards,  t(j  rcscimi? 
28.  Can  one  vacate'  a  contract  on  the  ground  of  li is  own  fraud, as, 
6.f/.,   set  aside  a  de(!d  Ixcausc  ol  iVaud  on  his  creditors? 

24,  What  did'erence  between  la  w  and  iijuil  y  in  the  relief  againsi 

fraud  ? 

25.  Wiiat  did'erenct;  hetwcion  specialties  and  sim[tle  contracts? 
2(>.    In   what  case   will    innocent    false  statements   be   suHieient 

ground  Ibr  setting  aside  a.  contract? 
27.   What  is  an  estop[)el  ? 


142 

28.  How  can  it  be  used  ? 

29.  What  three  general  classes  are  there  ? 

30.  What  is  an  estoppel  by  record? 

81.  How  is  one  stopped  by  his  own  plea? 

32.  Who  are  bound  by  the  estoppel  of  a  judgment? 

33.  What  is  the  rule  of  mutuality  ? 

34.  Who  are  privies  ? 

35.  Who  are  parties  ? 

36.  How  of  principal  and  surety  ? 

37.  As  to  what  is  a  judgment  an  estoppel? 

38.  How  must  the  estoppel  be  availed  of? 

39.  What  is  the  eflfect  of  not  pleading  it? 

40.  What  if  the  declaration  is  in  a  general  form  as  in  assumpsit? 

41.  Estoppels  by  deeds  are  what? 

42.  How  does  estoppel  by  deed  work  in  case  of  a  grant  without 

title,  which  is  acquired  afterwards? 

43.  Does  a  mere  grant  estop  one  from  denying  that  he  had  a 

title? 

44.  How  of  deed  with  general  warranty  ? 

45.  How  as  to  mortgage  with  warranty? 

46.  What  statements  in  deeds  are  not  considered  conclusive? 

47.  How  as  to  payment  of  the  consideration? 

48.  What  are  estoppels  in  pa'W.^     Examples. 

49.  What  is  the  extent  of  the  estoppels  on  a  tenant  ? 

50.  What  is  the  general  principle  of  equitable  estoppel? 

51.  Is  it  necessary  to  plead  this  estoppel  ? 

52.  Give  examples  of  equitable  estoppel? 

53.  Is  fraudulent  intention  essential  to  make  a  representation  an 

estoppel  ? 

54.  What  is  the  rule  as  to  estopi3el  against  estoj^pel  ? 

55.  Does  estoi^pel  arise  when  an  interest  passes  ? 


143 

PARSONS  ON  CONTRACTS. 

Part  II,  Chapter  5. 

1.  What  was  the  occasion  of  the  Statute  of  Frauds? 

2.  What  two  sections  rehite  to  executory  contracts  ?     Recite 

them  ? 

3.  What  difference  is  made  between  the  two  classes  of  contracts 

by  the  two  sections? 

4.  Is  the  agreement  itself  required  to  be  signed? 

5.  What  is  a  sufficient  memorandum  of  it? 

6.  What  kind  of  signature  is  required  ? 

7.  When  would  not  signing  in  the  beginning  be  sufficient? 
S.  What  of  printed  headings  ?  Pencil  signature? 

9.   Must  the  memorandum  be  signed  by  both  parties? 

10.  Must  it  be  simultaneous  with  the  transaction  ? 

11.  Must  the  agent's  autliority  be  in  writing? 

12.  Can  one  party  be  agent  of  another  to  sign  ? 

13.  How  of  auctioneers? 

14.  What  is  the  memorandum,  etc.,  at  auction  sales  and   in 

broker's  sales  ? 

15.  Under  the  name  agreement  in  the  Statute,  what  is  included? 

16.  Can  the  agreement  be  made  out  from  several  memoranda 

and  how  can  they  be  connected  ? 

17.  Can  parol  evidence  be  allowed  to  change  an  agreement  re- 

(juired  to  be  in  writing? 

18.  What  is  the  meaning  of  answering  damages  by  an  executor? 

19.  How  where  he  is  residuary  legatee  and  gives   bond  to  i)ay 

debts  and  legacies  ? 

20.  How  of  a  promise  before  one  becomes  aihiiiiiistrator? 

21.  What  is  the  ditr(  rence  between  an  original  promise  and  the 

promise  to  answer   for   tlic  debt,  etc.,  of  another  in  the 
Statute? 

22.  If  two  promise  jointly  and  one  is  known  to  be  accommoda- 

tion promisor  for  tlie  other,  is  it  within  the  Statute? 

23.  How  if  the  third  jterson's  un(hTf;iking  is  extinguished? 


144 

24.  How  if  the  debt  of  original  debtor  is  to  be  kept  alive  for  the 

benelit  of  the  promisor? 

25.  How  if  the  promise  be  made  for  some  special  object  to  the 

promisor? 
20.  When  I  assign  a  debt  in  i)ayment  of  my  own,  and  guarantee 
it,  is  this  within  the  Statute? 

27.  How  of  a  promise  of  one  of  several  joint  debtors  to  pay  the 

debt? 

28.  How  may  the  creditor  bind   himself  by  his  entries  and 

charges  ? 

29.  Is  a  promise  to  marry  within  the  Statute? 

30.  Is  a  promise  of  advancements  to  a  daughter  upon  her  mar- 

riage within  the  Statute  ? 

31 .  What  is  an  agreement  within  the  fourth  section  of  the  Statute  ? 

32.  When  is  a  sale  of  growing  crops  Avithin  the  Statute  ? 

33.  How  of  a  sale  of  underwood,  to  be  cut  by  buyer,  growing 

trees,  etc.  ? 

34.  Is  a  license  within  the  Statute? 

35.  Or  an  easement? 

36.  When  is  a  share  of  stock  in  business  corporations  within 

the  Statute  ? 

37.  How  if  the  contract  is  executed  on  one  side  by  conveying 

the  land  ? 

38.  How  as  to  executory  contract,  to  convey  land,  when  the  con- 

sideration is  paid  ? 

39.  What  contracts  are  meant  in  the  fifth  clause,  not  to  be  per- 

formed within  one  year? 

40.  If  it  nidy  be  so  performed,  is  it  within  the  Statute? 

41.  How  if  the  contract  might,  but  is  not  intended  or  expected 

to  be  so  performed  ? 

42.  What  if  a  contingency  might  bring  the  agreement  to  a  close 

within  a  year? 

43.  How  if  the  contract  is  wholly  executed  on  one  side  and  the 

price  is  payable  beyond  tlie  year  ? 

44.  What  change  does  the  Statute  make  as  to  transfer  of  title  to 

goods,  by  sale  ? 

45.  What  kind  of  delivery  suffices,  and  is  delivery  sufficient  ? 


145 

46.  Does  the  Statute  apply  to  contracts  to  mamifacture  goods  ? 

47.  Is  acceptance,  to  satisfy  the  Statute,  identical  with  the  ac- 

cejjtance  which  precludes  rescission  ? 

48.  Is  delivery  to  a  carrier  sufficient,  within  the  Statute? 

49.  What  part  i)ayment  will  suffice;  e.g.,  will  mere  giving  of 

credit? 

50.  When  is  a  contract  for  future  delivery  of  goods  within  the 

Statute? 

51.  If  both  parties  choose  to  perform  a  parol  contract  within  the 

Statute,  can  either,  or  a  stranger,  afterwards  treat  it  as 
void  ? 


PAKSONB    ON    CONTRACTS. 

Part  IT,  Chaptkr  6. 

1.  What  limitation  of  suits  existed  at  common  law? 

2.  To  what  action  does  not  tlie  act  of  James  I  extend  ? 

3.  What  two  views  were  held  as  to  the  Statute  ? 

4.  What  is  the  modern  view? 

5.  What  is  a  suHicient  promise  to  takea  del»tout  of  the  Statute? 
B.  What  is  a  sufficient  im[)]ied  promise? 

7.  What  of  conditional  promises  ? 

8.  Give  examples  of  acknowledgments  by  acts  ? 

9.  What  is  the  effect  of  giving  credit  in  account,  as  to  the  entire 

account? 

10.  What  of  part  payment? 

11.  W'iiat  is  necessary  to  give  it  elTect? 

12.  What  of  a  general  payment  when  one  of  several  debts  is  dis- 

l)Uted  ? 

13.  How  where  one  is  barred  by  limitations? 

14.  Wiiat  of  jiayriH  lit  of  interest? 

15.  How  <»f  indorsemi'iit  by  creditor? 

16.  How  of  an  aekiiowlcd^mcnf  by  one  parttirr? 

17.  How,  after  dissohition  ? 

in 


146 

18.  How  of  an  acknowledgment  by  one  of  joint  debtors,  not 

partners  ? 

19.  To  what  cases  does  the  exception  of  accounts  between  mer- 

chants apply  ? 

20.  How  of  accounts  l)etween  banks? 

21.  How  of  accounts  between  a  merchant  and  his  customer? 

22.  How  of  stated  and  closed  accounts? 

23.  From  what  time  is  the  statutory  period  counted  ? 

24.  How  of  bill  payable  at  sight  ?     Debt  payable  on  condition? 

25.  How  of  account  for  goods  sold? 

26.  HoAV  in  case  of  a  surety  paying  principal's  debt? 

27.  How  of  claims  on  co-sureties  for  contribution? 

28.  How  where  one  merely  pays  in  instalments  ? 

29.  If  my  agent  receives  notes  for  me,  from  what  time  does  the 

Statute  run  against  me,  from  the  receipt  or  payment  of 
the  notes? 

30.  How  as  to  bank  notes? 

31.  What  difference  does  the  plaintiff^'s  knowledge  that  he  has  a 

cause  of  action  make  ? 

32.  How  if  he  is  kept  in  ignorance  by  fraud  of  the  other? 

33.  Does  the  Statute  run  from  the  time  of  breach  or  from  the 

date  when  the  injury  is  received  ? 

34.  Against  the  holder  of  note,  from  what  time  ? 

35.  Against  an  indorser,  as  to  jjrior  ones? 

36.  How  as  to  money  payable  in  instalments? 

37.  How  if  the  whole  is  due  on  the  first  default? 

38.  How  as  to  trusts? 

39.  How  of  an  injunction  staying  suit  ? 

40.  Where  a  new  promise  is  given,  from  what  time  does  the 

Statute  run  ? 

41.  What  exceptions  are  there  in  the  Statute  ? 

42.  In  case  of  a  minor,  when  does  it  begin  ? 

43.  When  the  Statute  once  begins  to  run,  how  if  a  disability 

afterwards  occurs  ? 

44.  How  if  one  is  under  several  disabilities  when  the  cause  of 

action  accrues? 

45.  How  if  under  one  disability  and  others  begin  afterwards  ? 


147 

46.  How  if  the  defendant  is  abroad  when  the  cause  of  action 

accrues  ? 

47.  How  as  to  a  person  who  has  never  been  liere — an  alien? 

48.  How  as  to  foreign  corporations  ? 

49.  How  if  one  of  several  joint  debtors  is  abroad  ? 

50.  The  term  "  beyond  seas  "  means  what? 

51.  In  case  of  fraud,  when  is  the  cause  of  action  lield  to  accrue  ? 


PARSONS   ON   CONTRACTS. 

Part  H,  Chapter  7. 

1.  In  what  case  does  the  law  allow  interest  without  contract  ? 

2.  Did  the  comn)on  law  allow  interest  on  all  overdue  debts? 

3.  In  what  cases  ? 

4.  On  book  debts,  for  goods  sold,  from  what  time  is  interest 

allowed  ? 

5.  On  account  settled  ?     M(uiey  lent*? 

6.  On  unsettled  claims? 

7.  On  note  payable  on  demand  ? 

8.  When  a  note  is  expressed  to  be  [)ayable  with  interest  at  a 

higher  rate  than  the  law  gives,  without  contract,  what 
rate  is  allowed  after  maturity  ? 

9.  What  is  usury,  and  what  was  the  Statute  on  that  subject  in 

England  ? 

10.  What  was  necessary  to  make  a  case  of  usury  ? 

11.  How  as  to  further  forbearance? 

12.  iMust  the  usury  appear  on  thr  face  of  the  contract? 
]?,.   How  can  it  be  i)rov<d? 

14.  How  if  stocks,  etc.,  arc  iioirowcd  ;it  a  hiiihcr  lli.in  tlicir  real 
value,  with  interest  <>n  their  assunnd  value? 

1.').  How  of  a  loan  of  stock,  t<»  he  returmd  with  all  Ihe  dividends 
it  earned  ? 

IC.  How  with  a  loan  of  stock,  with  tiie  option  t(¥  have  hat  k  Ihe 
l)rice  it  sells  for,  with  legal  interest  on  the  stock? 

17.   How  with  a  loan  of  stitck,  reserving  the  dividends? 


148 

18.  How  if  the  lender  is  to  receive  the  dividends  when  above 

legal  interest,  and  legal  interest  when  they  fall  below? 

19.  How  if  two  contracts  are  made;  one  to  pay  principal  and 

legal  interest  and  the  other  to  pay  something  additional? 

20.  How  when  a  mere  gratuity  is  given  in  addition  to  the  legal 

interest? 

21.  What  if  the  original  debt  be  legal  but  a  usurious  note  is 

given  for  it  ? 

22.  How  of  an  agreement  to  pay  additional  interest,  if  the  debt 

is  not  paid  at  maturity  ? 

23.  How  if  I  give  time  to  my  debtor,  in  consideration  that  he 

pays  me  the  same  interest  I  have  to  pay  some  one  else? 

24.  If  the  note  is  usurious,  can  this  defence  be  made  against  an 

innocent  holder  for  value  ? 

25.  How  as  to   usurious  indorsee  and  his  innocent  indorsee's 

rights  against  maker? 

26.  How  as  to  collateral  securities  and  substituted  notes  for  an 

originally  usurious  debt? 

27.  How  if  the  new  secufity  be  given  to  the  innocent  transferee 

of  the  usurious  note  ? 

28.  How  as  to  innocent  purchaser  under  the  original  collateral 

security  ? 

29.  Could  the  collateral,  however,  be  enforced  if  objection  is 

made  in  time  ? 

30.  How  of  a  judgment  when  usury  was  not  pleaded? 

31.  How  of  valid  notes  of  third  persons  given  in  substitution  for 

or  ])ayment  of  original  ? 

32.  Can  a  contract  be  purged  of  usury  by  a  new  agreement,  and 

how  ? 
83.  Can  a  second  mortgagee  set  up  the  objection  of  usury  to  the 
first  mortgage? 

34.  What  is  the  effect  of  actually  taking  usury   for  extending 

time  on  a  valid  contract  ? 

35.  What  is  the  difi'erence  between  defending  a  suit  on  the  ground 

of  usury  and  suing  to  set  aside  a  contract? 

36.  If  usury  is  paid  can  the  debtor  sue  to  recover  it? 
'■M .  What  is  discounting?     Is  it  usury? 


149 

38.  In  what  cases  is  it  allowable  ? 

39.  Is  a  charge  of  more  than  the  legal  rate  of  interest  for  indors- 

ing or  accepting  bills  usury  ? 

40.  Is  a  deduction  of  more,  in  advance,  for  payment  of  a  debt? 

41.  How  of  the  building  associations? 

42.  How  as  to  exchange,  service,  or  trouble  ? 

43.  How  of  contracts  in  which  the  princij^al  is  put  at  hazard? 

44.  What  is  loan  on  bottomry  or  respondentia  ? 

45.  How  of  annuities? 

46.  If  one  advance  money  to  be  used  in  business  for  a  share  of 

the  profits,  is  it  usury  if  the  profits  exceed  legal  interest? 

47.  Is  the  purchase  of  business  paper  at  a  large  discount  usury  ?• 

48.  How  if  I  discount  a  party's  own  note? 

49.  How  of  a  note  bought  from  a  broker  made  to  raise  money  on  ? 

50.  How  if  the  Statute  does  not  make  a  note  void  for  usury? 

51 .  How  where  cross-notes  are  given  and  one  is  larger  on  account 

of  the  better  credit  of  the  oilier? 

52.  Is  compound  interest  usury  ? 

53.  Will  courts  enforce  an  agreement  to  pay  it? 

54.  If  paid,  can  it  be  recovered  back  ? 


PAKSONS  ON   CONTRACTS. 

Part  II,  Chapter  8. 

1.  Is  specific  performance  ever  enforced  at  common  hiw? 

2.  What  is  the  rule  of  (himages  for  withlioliliiig  money? 

3.  How  if  special  damage  resulted  from  lailure  to  pay? 

4.  In  assumpsit  for  use  and  occupation,  what  is  tlir  riih? 

5.  What  is  the  difference  between  a   penalty  and  li(|iiidafed 

damages. 
('..   Which  does  the  eouii  incline  to  consider  il  ? 

7.  What  rules  determine  wliiili  it  is? 

8.  Are  counsel  fees,  loss  of  time,  etc.,  allowed  lor  in  damages? 


150 

9.  What  is  the  meaning  of  giving  proof  in  aggravation  or  miti- 
gation of  damages? 

10.  What  are  exemplary  or  vindictive  damages? 

11.  Are  they  allowed  in  case  of  contract? 

12.  Can  possible,  conjectural  profits  be  recovered? 

13.  In  what  case  can  profits  be  recovered? 

14.  What  does  the  surety  recover  before  or  after  paying,  where 

there  is  a  contract  by  the  principal  to  pay,  or  a  contract 
to  indemnify  liim  V 

15.  How  as  to  continuing  contracts,  where  instalments  are  to  be 

paid  ? 
JG.  How  if  the  contract  is  entirely  broken  at  once  ? 

17.  What  is  the  measure  of  damages  if  the  agent  sells  for  less 

than  the  price  directed  by  the  principal? 

18.  How  in  case  of  bad  faith  ? 

19.  If  the  agent  is  directed  to  ship  goods  on  a  certain  day  and 

fails,  what? 
2( ).  How  far  does  the  plaintiff's  own  negligence  affect  the  measure 

of  damages,  as,  if  he  could  have  procured  another  to  do 

the  thing  contracted  for,  at  small  additional  cost  ? 
21.   If  one  whose  goods  are  converted  and  sold,  waive  the  tort 

and  sue  in  assumpsit,  what  is  the  measure  ? 
22    On  replevin  bond,  what? 

23.  On  contract  to  deliver  goods  on  a  certain  day,  what  is  the 

rule  ? 

24.  How  when  the  price  has  been  paid? 

25.  What  is  meant  by  the  market  price  on  a  certain  day  ? 

26.  Is  it  the  giving  or  asking  price  ?     At  what  place  ? 

27.  How  if  goods  have  fallen  in  price  before  the  day  for  delivery  ? 

28.  On  a  sale  of  real  estate,  if  vendor  cannot  make  good  title, 

what  is  purchaser's  right  of  recovery  ? 
29-  How  as  to  loss  of  the  bargain  ? 

30.  How  if  vendor  had  falsely  represented  himself  the  owner? 

31.  If  buyer  of  chattels  refuses  to  take,  what  does  seller  recover? 

32.  Is  he  chargeable  with  the  goods  retained  ? 

33.  How  if  the  seller  sells  the  goods  again  ? 

34.  If  the  goods  have  been  delivered,  what  is  recovered  ? 


151 

35.  In  case  of  a  sale  of  land,  when  purchaser  fails  to  comply, 

what  is  the  measure  of  damages  ? 
86.  In  suit  on  warranty  of  chattels  retained,  what  is  recovered  ? 

37.  In  what  cases  are  costs  of  other  actions  recovered  ? 

38.  How  if  vendee  with  warranty  resell,  with  warranty,  and  is 

sued  and  judgment  recovered  on  his  warranty? 

39.  How  of  costs  unnecessarily  incurred  ? 

40.  Where  a  debt  is  payable  in  money  or  goods,  what  is  the 

measure  of  damages  ? 

41.  Where  plaintiff  has  suffered  no  real  damage,  ought  he  to  have 

a  judgment? 

42.  On  a  covenant  of  seisin  what  is  the  measure  ? 

43.  What  on  covenant  of  warranty  ? 

44.  Where  grantee  with  warranty  had  granted  away  witli  war- 

ranty, when  is  he  entitled  to  sue,  if  his  grantee  is  evicted? 

45.  How  on  covenant  against  incumbrances? 

46.  How  if  he  sues  before  paying  them  off? 


PARSONS    ON    CONTRACTS. 

Part  II,  Chapter  9. 

1.  What  is  a  lien? 

2.  Is  it  capalde  of  being  levied  on  as  property  ? 

3.  Is  it  bjirred  by  tlie  Statute  of  Liniit;iti(mH? 

4.  Is  it  destroyed  Ity  a  set-ofi? 

5.  WlKitdillcrence  is  there  between  lini  <.u  personalty  and  on 

realty  ? 

6.  Does  a  lien  give  a  right  to  sell  ? 

7.  What  is  the  dilfcrencc  in  :i  pUMlge? 

8.  Is  a  lien  created  by  contract  or  law? 

9.  For  what  did  Ut-iiH  on  chattels  oriuiiKiUy  exist  ? 

10.  How  did  general  liens  arise? 

11.  la  the  Under  of  a  chattel  entitled  tu.i  lien  lor  expenses,  etc.? 

12.  Can  there  be  a  lien  without  possession  ? 


152 

1 3.  How  of  a  second  or  third  lienor  ? 

II.   How  far  does  a  gonoral  lien  interfere  with  the  rights  of  third 

persons,  r.r/.,  carrier's  lien,  with  consignee,  or  seller's  right 

of  stoj)page? 

15.  Can  a  lien  he  transferred  separately  from  tlie  debt  ? 

16.  ('an  one  pay  the  debt  for  the  purpose  of  getting  possession 

of  the  property  ? 

17.  What  effect  has  surrender  of  possession  ? 

18.  What  the  transfer  of  the  debt,  with  possession  of  the  prop- 

erty ? 

19.  What  effect  has  a  claim  of  ownership  by  theholder  of  thelien? 

20.  What  if  the  lienor  cause  the  property  to  be  levied  on  for  his 

debt? 

21.  What  is  the  eff'ect  of  purchase  by  lienor? 

22.  If  void  against  creditors,  what? 

23.  What  of  taking  debtor's  note? 

24.  What  is  the  ground  of  the  innkeeper's  lien  ? 

25.  How  lost? 

26.  Has  a  livery  man  a  lien  ? 

27.  How  if  employed  to  train  the  horse  ? 

28.  What  is  the  Common  Law  lien  of  the  common  carrier  ? 

29.  How  does  his  general  lien  arise  ? 

30.  What  kind  of  delivery  by  a  seller  ends  his  lien  ? 

31.  How  if  part  is  delivered  in  name  of  whole,  or  not? 
'32.  How  of  conditional  delivery  ? 

33.  How  of  an  order  for  delivery  on  bailee? 

34.  How  if  goods  sold  on  credit  are  delivered  and  returned  to 

seller  to  be  sold  on  buyer's  account  ? 

35.  What  is  the  factor's  lien  ? 

36.  How  can  the  principal  effect  it? 

37.  When  does  the  lien  of  a  consignee,  agent  or  factor,  begin  ? 

38.  What  is  the  banker's  lien  ? 

39.  Insurance  broker's  ? 

40.  What  that  of  an  attorney-at  law  on  judgments  ? 

41.  What  has  he  before  judgment  ? 

42.  What  on  awards  ? 

43.  What  is  the  lien  of  a  judgment  ? 


153 

44.  What  is  a  lien  on  debtor's  personal  property? 

45.  What  are  other  statutory  liens? 

46.  What  is  the  vendor's  lien  on  land  ? 

47.  Against  whom  is  it  good  ? 

48.  How  as  to  judgment  creditor  ? 

49.  How  as  to  purcliasers  with  notice?     Bankrupt's  assignees? 

50.  Is  a  receipt  lor  purchase-money  conclusive  against  it  ? 

51.  How  is  this  lien  waived  ? 

52.  Does  taking  the  purchaser's  own  note  amount  to  it? 

53.  How  is  this  lit^n  enforced  in  eijuity  ? 

54.  When  does  vendee  acquire  a  lien  ? 

55.  Has  the  court  a  discretion  about  enforcing  this  lien,  and 

under  what  circumstances  will  it? 

56.  What  was  an  equitable  mortgage? 

57.  What  is  the  lien  of  a  partner  on  the  partnership  stock? 

58.  What  lien  has  one  of  several  joint-owners? 

59.  Wh-di  is  a  lis  pendens  f 

60.  How  of  a  lis  pendens  in  another  jurisdiction  than  that  of  the 

property  ? 


PARSONS    ON    CONTRACTS. 

Part  II,  Chapter  11. 

1.  In  whatcase  is  specific  performance  enforced  at  common  law? 

2.  In  equity,  is  it  a  matter  of  right  or  discretion  in  tlif  court  V 

3.  In  wiiat  cases  will  the  court  refuse  to  interfere? 

4.  How  if  one  i)arty  would  be  entitled  and  the  other  not,  would 

the  court  grant  it  to  the  latter  ? 

5.  Against  whom  ? 

6.  In  favor  of  whom  V 

7.  How  of  a  contract  witliout  consideration  ? 

8.  How  as  to  executed  (/ijh  needing  a  mere  formality? 

9.  How  as  to  instruments  not  delivered  'f 

10.  How  of  ante-  and  post-nuptial  agreements  to  make  settle- 
ments? 


154 

11.  How  of  contracts  relating  to  personalty  '? 

12.  In  what  cases  will  the  court  interfere? 

13.  Will  it  in  regard  to  a  contract  to  render  personal  service  ? 

14.  How  of  a  contract  to  execute  instruments  V 

15.  How  as  to  contracts  for  sale  of  real  estate  ? 

16.  Canacourtcompelaconveyanceofland  outof  its  jurisdiction? 

17.  How  in  suit  by  vendor  if  the  title  is  defective  ? 

18.  What  kind  of  title  must  he  have  ? 

19.  How  if  the  plaintiff  removes  the  objections  to  his  title  ? 

20.  By  what  time  must  objection  to  title  be  removed  ? 

21.  Can  a  purchaser  require  a  warranty? 

22.  Can  he  require  a  conveyance  of  a  part  of  which  the  title  is 

good  ? 

23.  How  does  equity  regard  the  vendor  from  time  of  sale  as  to 

profits,  etc.  ? 

24.  Is  time  of  the  essence  of  the  contract  in  equity  ? 

25.  In  what  cases  is  it  ? 

26.  How  as  to  parol  contracts  ? 

27.  In  what  cases  will  a  court  of  equity  enforce  one  ? 

28.  What  kind  of  part  performance  is  necessary  ? 

29.  What  of  a  confession  of  the  contract  in  the  answer  ? 

30.  How  if  it  also  rely  on  the  Statute  ? 

31.  Is  part  payment  of  price  a  part  performance  ? 

32.  Preliminary  surveys,  valuing  stock,  etc.  ? 

33.  What  kind  of  possession  is  ? 

34.  How  of  a  tenant's  previous  possession  continued  ? 

35.  Will  marriage  be  considered  part  performance  of  a  contract 

in  consideration  of  marriage? 

36.  How  of  a  contract  partly  in  writing  and  partly  parol  ? 

37.  In  what  cases  does  equity  give  compensation  in  damages  ? 

38.  How  are  they  ascertained  ? 

39.  How  in  favor  of  vendee,  in  case  of  part  performance  ? 

40.  How  if  contractor  dies  ? 

41.  How  if  he  had  contracted  to  devise? 

42.  How  if  complainant  is  incapable  of  being  coerced — as  a 

minor — will  defendant  be  compelled  to  perform  ? 

43.  Or  if  performance  by  plaintiff  is  impossible  ? 


155 

44.  How  if  minor  stie  for  specific  performance  when  he  comes  of 

age? 

45.  How  if  plaintiff's  performance  in  future  is  improbable  be- 

cause of  present  insolvency  ? 

46.  How  if  plaintiff  has  partly  performed  and  cannot  wholl}'  ? 

47.  Can  a  married  woman  make  a  liindinsj;  contract  which  the 

court  can  enforce? 

48.  How  as  to  her  separate  property? 

49.  How  if  the  husband  contract  that  the  wife  shall  convey  ? 

50.  What  relief  could  be  given  in  such  a  case  ? 

51.  What  will  induce  a  court  of  equity  to  give  relief  which  would 

not  be  a  defence  at  common  law  ? 

52.  What  relief  can  a  court  of  ecjuity  give  as  to  deeds  of  trust? 


PARSONS    ON    CONTRACTS. 

Part  II,  Chapter   12. 

1.  At  connnun  law  what  rights  had  a  debtor  in  the  way  of  pre- 

ferring creditors  ? 

2.  How  in  equity  ? 

3.  What  are  the  differences  between  bankrujjtcy  and  insolvent 

laws? 

4.  What  does  the  constitution  provide  as  to  bankrupt  laws? 

5.  I)«K'H  it  prevent  the  States  from  ))assing  insolvent  laws? 

0.   What  (.'fleet  is  given  to  a  foreign  bankrupt  discharge  in  the 
•State  where  the  contract  is  made? 

7.  How  of  a  discharge  at  the  ])lace  of  the  contract  ? 

8.  Does  an  asHignmcnt  in  bankrii|tt(y  carry  effects  abroad? 
y.  How  as  against  foreign  creditors  attaching? 

10.  How  if  till-  assignee  once  reduces  the  effects  into  possession  ? 

11.  Who  can  bfcome  a  voluntary  l)ankrui»t  and  how? 

12.  Wh(»  are  emljraeed  under  tin-  Icnii  "  persons?" 
l.'l  What  does  "residence  "  mean  ? 

14.  What  is  the  eflect  of  filing  the  petition  ? 


156 

15.  What  is  the  debtor  required  to  state  ? 

16.  Wliat  is  the  proceeding  upon  tlie  filing  of  the  petition  ? 

17.  What  is  the  nature  of  the  proceeding? 

18.  What  is  necessary  to  give  the  court  jurisdiction? 

19.  How  is  assignee  to  be  appointed  ? 

20.  How  may  the  estate  l)e  settled  up  otherwise  than  by  the 

assignee  ? 

21.  What  are  acts  of  involuntary  bankruptcy  ? 

22.  What  are  the  two  kinds  of  assignments  that  amount  to  bank- 

ruptcy ? 

23.  What  is  a  trader? 

24.  What  is  commercial  paper  ? 

25.  Is  assignment  for  benefit  of  all  creditors  an  act  of  bankruptcy  ? 

26.  What  is  the  nature  of  the  proceeding  in  involuntary  bank- 

ruptcy ? 

27.  What  may  the  debtor  do  in  answer  to  the  petition  of  the 

creditors  ? 

28.  What  is  the  judgment  of  the  court  on  the  hearing? 

29.  What  are  assignee's  duties  ? 

30.  What  as  to  incumbered  property  ? 

31.  Can  the  property  be  sold  free  of  incumbrance,  and  if  so  by 

what  proceeding  ? 

32.  What  choice  of  proceedings  has  the  secured  creditor  ? 

33.  What  is  the  assignee's  duties  as  to  fraudulent  assignments? 

34.  Can  he  purchase  the  trust  property  V 

35.  What  is  the  eff"ect  of  taking  a  lease  under  the  assignment? 

36.  What  is  assignee's  right  and  duty  if  the  lease  is  an  unprofit- 

able one? 

37.  What  is  the  effect  of  adjudication  on  pending  suits? 

38.  What  of  the  filing  of  the  petition  ? 

39.  What  is  the  power  of  the  assignee  as  to  negotiable  securities  ? 

40.  What  as  to  compromises? 

41.  What  property  passes  by  the  assignment? 

42.  What  if  a  devise  to  an  insolvent  goes  into  effect  after  pro- 

ceedings commenced  ? 

43.  What  if  the  inheritance  comes  after  discharge  ? 

44.  What  of  bankrupt's  interest  in  his  wife's  estate  ? 


157 

45.  \Miat  personal  estate  passes  ? 

46.  What  of  leases  and  }tolioies  not  assignable? 

47.  Does  such  assignment  avoid  such  leases  or  insurance  ? 

48.  How  as  to  wife's  choses  in  action  ? 

49.  How  if  husband  dies  before  assignee  reduces  them  into  pos- 

session ? 

50.  What  of  a  partner's  interest  ? 

51.  Can  stoppage  in  transitu  be  exercised  liy  assignee? 

52.  If  assignee  elects  not  to  receive  a  burdensome  lease,  what 

becomes  of  it  ? 

53.  How  if  indorsement  on  bills  made  after  bankruptcy,  to  inno. 

cent  parties  ? 

54.  How  of  collection  of  accommodation  paper? 

55.  What  property  is  exempt  from  the  assignment? 

56.  Wlien  does  bankrupt's  power  over  his  property  cease? 

57.  Within  what  time  are  assignments  before  bankru))tcy  void, 

and  what  assignments  are  so? 

58.  What  debts  are  provable? 

59.  How  as  to  rents  accruing  after  bankruptcy  when  the  assignee 

does  not  take  the  lease? 

60.  What  claims  can  be  resisted  by  the  assignee  ? 

61.  How  as  to  claims  founded  on  fraud  to  which  the  debtor  was 

a  party  and  which  he  could  not  resist  ? 

62.  How  of  torts  ? 

63.  Can  he  i)lead  limitations  or  rely  on  the  Statute  of  Frauds? 

64.  Are  judgments  conclusive  against  the  assignee?  ■ 

65.  How  of  claims  for  damages  reduced  to  judgiiu'iit? 

6().   How  is  the  liability  of  debtor  to  a  fund  of  whicli  lie  is  trus- 
tee to  be  proven  ? 
t)7.   What  is  the  effect  of  llie  discliarge? 

68.  To  what  deljts  is  a  dischiirge  a  bar? 

69.  IIow  if  the  debt  is  not  proved  tliiough  accich'iit  ? 

~().   Ill  what  cases  is  a  discharge  not  a  l)ar  to  future  suits? 
71.    in  case  of  voluntary  bankruptcy  what  aiiioiint  of  assets  is 
necessary  to  entitle  to  discharge V 


168 


PARSONS  ON  CONTRACTS. 

Part  II,  Chapter  13. 

1.  What  is  a  contract  within  the  meaning  of  the  Constitution  of 

the  United  States? 

2.  In  what  case  was  this  question  discussed  and  decided  ? 

3.  What  other  important  point  was  decided  in  that  case? 

4.  Does  this  rule  prevent  legislation  indirectly  affecting  the 

value  of  property  ? 

5.  How  as  to  grants  of  powers,  etc.,  to  municipal  corporation? 

6.  What  was  decided  in  Darmouth  College  vs.  Woodward  ? 

7.  Does  a  compact  between  States  come  within  the  protection 

of  the  Constitution? 

8.  Does  the  Constitution  conflict  with  the  common  law  rule 

that  one  legislature  cannot  tie  the  hands  of  subsequent 
ones? 

9.  How  if  a  right  of  alteration  is  reserved  in  a  charter? 

10.  Does  a  grant  of  important  franchises  prevent  a  State  from 

granting  others,  when  public  interest  requires  it,  that  in- 
terfere with  the  first? 

11.  What  important  case  decided  this  question? 

12.  How  of  a  grant  with  express  contract  against  future  taxation  ? 

13.  How  of  a  grant  of  exclusive  privileges  to  the  exclusion  of 

competition  ? 

14.  In  case  of  great  necessity  could  such  grant  be  interfered 

with,  and  how? 

15.  Is  a  corporate  franchise  the  subject  of  this  right  of  eminent 

domain  ? 

16.  How  can  an  exemjjtion  from  taxation  be  removed  ? 

17.  Is  marriage  a  contract  within  the  constitutional  protection  ? 

18.  What  is  a  divorce  now  considered  to  be? 

19.  What  is  the  effect  of  a  discharge  in  bankruptcy  in  a  State 

on  previous  debts  there? 

20.  In  what  case  decided? 

21.  What  effect  as  to  subsequent  debts? 


159 

22.  What  effect  has  such  a  discharge  in  another  State  than  the 

place  of  contract? 

23.  Suppose  a  law  took  away  all  remedies  without  professing  to 

discharge  the  debt,  would  it  be  void  ? 

24.  How  of  stay  laws  and  others  exempting  property  from  sale 

under  execution  ? 

25.  How  of  exemption  laws? 

26.  How  as  to  those  sta}'  laws,  etc.,  as  respects  subsequent  debts  ? 

27.  Do  changes  in  the  Acts  of  limitation  come  within  the  pro- 

hibition ? 

28.  How  as  to  laws  of  a  police  character,  as  regulating  sales  of 

intoxicating  liquors,  lotteries,  etc., after  licenses  are  given, 
with  or  without  payment  of  consideration? 


BYLES  ON  BILLS. 

Chapters  1,  2,  3,  and  4. 

1.  Of  what  does  commercial  ])apor  consist? 

2.  To  whom  is  the  invention  of  l)ills  of  exchange  attributed  ? 

3.  What  were  promissory  notes  at  common  law? 

4.  What  is  a  bill  of  exchange? 

5.  What  arc  the  names  of  the  difierent  parties  to  it? 
H.   How  is  it  transferred? 

7.  What  is  indorsement? 

8.  What  is  the  theory  of  bills? 

I).  Who  is  principal  (k'l)tor  after  acceptance? 
10.   How  if  for  accommodation  ? 

1  1.    How  does  commercial  |).i|m  r  diil'c  r  as  to  consideration  from 
specialties  and  (Hher  simple  contracts? 

12.  Were  notes  and  hills  tin-  subject  of  lan-eny  ? 

13.  Could  tliey  be  levied  upon  by  execuiion  V 

14.  What  is  a  promissory  note? 

15.  What  its  dillcrence  from  a  bill? 


160 

16.  How  do  the  parties  to  the  two  resemble  each  other  as  to 

HahiHty  ? 

17.  Wliat  did  the  Statute  of  Anne  provide? 

18.  What  if  the  instrument  be  conditional? 

19.  How  if  payable  out  of  a  particular  fund  ? 

20.  How  if  payable  otherwise  than  in  money  ? 

21.  How  as  to  current  funds?     Exchange? 

22.  How  if  the  memorandum  as  to  the  fund  does  not  form  part 

of  the  note  ? 

23.  How  far  must  the  sum  be  certain  ? 

24.  What  certainty  is  necessary  as  to  the  time  of  payment? 

25.  How  of  a  note  payable  at  death  ? 

26.  Can  one  make  a  note  to  himself?     To  himself  and  another  ? 

27.  With  another  to  himself? 

28.  Is  a  note  payable  in  instalments  good? 

29.  How  if  on  one  default  the  whole  becomes  payable  ? 

30.  How  as  to  days  of  grace  ? 

31.  Can  it  be  indorsed  over  for  less  than  its  face? 

32.  When  is  a  note  joint? 

33.  How  if  in  the  singular  but  signed  by  several  ? 

34.  What  makes  it  joint  and  several  ? 

35.  For  what  purposes  is  it  joint  and  for  what  several? 

36.  Can  holder  select  several  out  of  more  to  sue  jointly  ? 

37.  Can  one  of  joint  promisors  show  that  he  was  surety  only  ? 

38.  What  are  bank  notes? 

39.  What  are  bank  checks  ? 

40.  What  difference  between  the  latter  and  an  inland  bill? 

41.  When  is  a  post-dated  or  antedated  check  payable? 

42.  If  a  check  is  payable  on  a  day  certain,  is  it  entitled  to  grace  ? 

43.  What  is  the  banker's  obligation  ? 

44.  What  difference  between  check  and  bill  as  to  being  overdue 

and  taken  free  from  equities? 

45.  What  claim  has  the  holder  on  the  banker  ? 

46.  When  has  he  a  right  of  action? 

47.  Is  the  holder  bound  to  the  same  diligence  in  presenting  a 

check  as  a  bill  ? 

48.  What  is  his  duty  ? 


161 

49.  When  must  a  check  be  presented  in  order  to  charge  the 

drawer,  in  case  of  refusal  of  drawee,  where  all  are  in  the 
same  town,  and  how  when  they  are  in  different  towns  ? 

50.  What  difference  between  drawer  and  indorser  when  the  check 

is  circulated? 

51.  How  if  drawer  has  no  funds? 

52.  What  is  the  effect  of  marking  the  check  "  good?" 

53.  What  of  stopping  payment  by  the  drawer? 

54.  What  is  crossing  a  check  with  the  banker's  name? 

55.  Of  what  is  a  check  prima  facie  evidence  against  drawer? 

56.  If  check  is  paid  by  the  bank,  of  what  is  it  evidence  ?. 

57.  When  is  a  check  a  good  tender  ? 

58.  Is  it  a  good  payment  ? 

59.  What  is  necessary  to  make  it  evidence  of  payment? 

60.  What  if  bill  or  note  be  given  up  for  a  check? 

61.  What  would  be  the  effect  of  the  drawer's  death? 

62.  What  of  payment  of  a  raised  or  altered  check? 

63.  What  if  drawer  had  left  ban"k  checks  with  an  agent  which 

are  fraudulently  filled  up? 

64.  How  must  check  be  signed  by  joint  depositors  ? 

65.  Is  a  check  the  sul)ject  of  donatio  morlis  causa  ? 

66.  How  as  to  check  of  third  person? 

67.  Is  a  due  bill  a  promissory  note  ? 


BYLES  ON   BILLS. 

Chapter  5. 

1.  Who  are  capable  of  being  parties  to  l»ills  anJ  notes? 

2.  Who  can  act  as  agents  in  regard  to  tbcm  ? 

3.  How  must  agent  sign? 

4.  How  if  he  signs  in  his  owu  iiaine? 

5.  Does  a  general  employmnit  .•mlhorizo  agent  to  nnlois..  i.nrl 

accept,  etc.? 

6.  How  is  power  to  sign,  etc.,  constnud  ? 

11 


162 

7.  How  is  taker  affected  by  notice  of  agency  ? 

8.  How  if  he  takes  overdue  paper  from  agent? 

9.  Can  agent  pledge  for  individual  del)ts? 

10.  How  if  taker  of  such  pledge  knows  of  the  agency  ? 

11.  How  as  to  bill  brokers? 

12.  Is  the  holder  of  a  bill  bound  to  take  agent's  acceptance  ? 
18.  If  not  satisfied  of  his  authority,  what  may  he  do? 

14.  If  agent  executes  in  his  own  name, can  principal  be  sued? 

15.  How  ought  a  note  to  be  executed  to  make  it  bind  the  prin- 

cipal ? 

16.  How  if  agent  execute  without  authority  ? 

17.  How  if  innocently,  as  in  ignorance  of  principal's  death  ? 

18.  Where  agent  holds  bills,  etc.,  to  collect,  what  is  his  respon- 

sibility ? 

19.  What  is  a  banker's  ? 

20.  What  is  the  general  power  of  a  partner  as  to  commercial 

paper  ? 

21.  How  when  there  is  a  private  agreement  limiting  the  power 

to  one  or  more  ? 

22.  Can  suit  be  brought  on  a  note  by  a  partner  to  his  firm  ? 

23.  How  avoid  the  difhcvilty  ? 

24.  By  what  signature  by  one  partner  is  the  firm  made  party  to 

])a})er  ? 

25.  HoAv  if  he  sign  his  own  name,  though  the  proceeds  are  to  go 

to  the  firm? 

26.  Can  one  partner  give  a  joint  cmd  several  note  to  bind  the 

firm  ? 

27.  Can  he  give  the  firm  note  for  his  private  business  ? 

28.  Or  a  guaranty  of  a  note  or  accommodation  paper  ? 

29.  What  effect  has  the  accepting  of  one  partner's  paper  on  the 

obligation  of  the  firm  ? 

30.  After  dissolution  can  one  partner  bind  by  a  new  note? 

31.  Can  he  indorse  a  bill  owned  by  the  firm? 

32.  If  one  deal  with  an  executor  or  administrator  whose  letters 

are  afterwards  revoked,  is  he  protected? 

33.  What  are  the  powers  of  executors  or  administrators  as  to 

testator's  bills  and  notes  ? 


163 

34.  What  the  effect  of  appointing  acceptor  executor  of  holder? 

35.  How  if  the  executor  be  one  of  several  debtors,  or  principal 

debtor,  as  acceptor  ? 

36.  How  in  this  country  ? 

37.  How  must  and  can  an  executor  sue  on  a  note  given  him  for 

a  debt  to  the  testator  ? 

38.  What  counts  may  he  join  ? 

39.  What  if  executor  gives  notes  or  indorses  notes  ? 

40.  What  is  the  rule  as  to  joining  demands  against  executor? 

41.  What  contracts  may  an  infant  not  make? 

42.  What  is  the  difference  between  void  and  voidable  contracts? 

43.  What  of  his  bills  and  notes  in  trade  ? 

44.  What  if  given  for  necessaries? 

45.  Are  they  void  or  voidable? 

46.  Can  an  infant  draw  or  indorse  so  as  to  give  an  action  against 

acceptor  ? 

47.  Can  an  infant  be  sued  for  fraud? 

48.  In  joint  contract  of  infant  and  adult  bow  should  suit  be 

brought? 

49.  What  of  the  notes  of  a  lunatic? 

50.  Can  a  married  woman  give  notes  or  bills? 

51.  How  in  case  of  se})arate  estate? 

52.  What  becomes  of  paper  owned  by  her  at  marriage? 

53.  What  is  a  reduction  to  possession  ? 

54.  How  as  to  husband's  assignment,  in    solvency    or    biink- 

ruptcy  ? 

55.  Is  payment  of  a  note  owned  l)y  a  feme  covert,  to  her,  a  good 

])ayment? 

56.  What  of  notes  from  wife  to  busband? 

57.  What  power  has  a  corporation  to  execute  comnurcial  paper  ? 


RYLES   ON    BILLS. 

ChAF'TEHS    (>,  7  8,   AM)    10. 

1.  On  what  must  a  bill  or  iiotr  be  wiittfii  ? 

2.  How  of  the  writing  ? 


164 

3.  Is  date  or  place  essential  ? 

4.  How  of  signature  ? 

5.  If  no  time  of  payment  is  stated,  when  is  it  payable  ? 

6.  What  is  payment  at  one  or  more  usances,  or  at  half  usance  ? 

7.  What  does  "  after  sight "  mean  in  a  note  and  in  a  bill  ? 

8.  When  a  bill  is  made  to  a  fictitious  person  and  his  name  in- 

dorsed, what  is  the  effect? 

9.  What  if  payee's  name  be  left  blank? 

10.  Are  the  words  "  value  received  "  necessary,  or  any  other  con- 

sideration, to  be  expressed? 

11.  Is  a  bill  payable  to  drawee's  order,  but  signed  by  him,  good  ? 

12.  Where  must  the  signature  be? 

13.  If  draAvee's  name  is  omitted  but  some  one  accepts  it,  is  it 

good? 

14.  Can  a  bill  on  one  be  accepted  by  another  ? 

15.  How  if  drawn  on  one  and,  in  case  of  his  absence,  on  another  ? 

16.  How  if  drawn  on  three  and  accepted  by  two  ? 

17.  How  if  drawn  on  himself? 

18.  In  favor  of  himself? 

19.  Is  a  non-negotiable  bill  or  note  a  good  bill  or  note  ? 

20.  How  if  endorsed  by  payee  ? 

21.  If  doubtful  whether  an  instrument  is  a  bill  or  note  how  may 

holder  treat  it? 

22.  What  is  a  bill  drawn  on  the  drawer  himself? 

23.  How  if  drawn  on  a  wife  ? 

24.  If  one  indorsed  order  on  a  bond  to  pay  it  to  a  third  person, 

is  it  a  good  bill? 

25.  If  a  note  is  signed  A  or  else  B,  is  it  good  ? 

26.  If  payable  to  A,  B  or  C  ? 

27.  If  drawn  on  a  joint  fund  ? 

28.  How  of  parol  evidence  modifying  the  obligation  inferred  by 

law? 

29.  May  a  bill  be  delivered  as  an  escrow  ? 

30.  What  must  be  averred  and  proved  in  regard  to  consideration 

of  other  simple  contracts  and  what  of  notes,  and  what  if 
defendant  impeach  the  consideration  ? 

31.  What  of  accommodation  bills  ? 


165 

32.  By  what  proof  can  the  onus  be  thrown  on  the  plaintitV  of 

sliowing  a  consideration  ? 

33.  Between  any  immediate  parties,  what  can  be  sliown  as  to 

consideration  ? 

34.  How  as  to  indorsees  Avithout  value  ? 

35.  How  of  indorsees  for  value,  but  with  notice  ? 

36.  How  if  with  notice,  l)ut  under  a  prior  ])arty  holding  without 

notice  and  for  value  ? 

37.  What  amounts  to  notice? 

38.  Will  suspicious  circumstances  be  sufficient? 

39.  What  would  be  constructive  notice? 

40.  Will  a  pre-existing  debt  be  a  sufficient  consideration  to  i)ro- 

tect  a  holder  ? 

41.  How  of  a  fluctuating  balance? 

42.  How  of  a  prior  debt  of  a  third  person  ? 

43.  What  if  holder  knows  the  want  of  consideration  between 

maker  and  payee? 

44.  What  in  case  of  accommodation  notes  ? 

45.  How  if  le.ss  than  the  face  of  them  be  given  ? 

46.  How  if  indorsee  knows  that  the  notes  are  wilfully  misap- 

plied by  payee? 

47.  Can  partial  failure  of  consideration  be  shown  in  defence? 

48.  Can  damages  be  shown  in  reduction  of  claim  on  a  note? 

49.  How  does  fraud  affect  the  note  ? 

50.  How  illegality  in  the  consideration? 

51.  How  as  to  bonafi(J(  liolders? 

52.  How  as  to  renewals  of  originals  given  loi'  illegal  considera- 

tion ? 


BYLES   ON    m  l.LS. 

ChAPTRKS    11    AND    12. 

1.  What  is  the  etfecl  of  in.lorHOiiient  Iiy  piiyceof  iKiii-neumtialili 

notes  ? 

2.  How  is  paper  payable  to  bearer  transferred  ? 


166 

3.  How  notes  payable  to  order  of  A  B  ? 

4.  How  if  payable  to  A  for  the  use  of  B  ? 

5.  How  many  kinds  of  indorsements? 

6.  What  is  the  effect  of  a  blank  indorsement? 

7.  Wliat  is  tlie  effect  of  a  full  indorsement? 

8.  How  of  form  of  indorsement — omission  of  the  word  order? 

9.  What  is  a  restrictive  indorsement? 

10.  How  cnn  a  blank  be  made  a  full  indorsement? 

11.  If  the  first  indorsement  is  blank,  what  is  the  effect  of  sub- 

sequent indorsements  ? 

12.  What  can  a  holder  do  where  the  subsequent  indorsements 

are  full?     In  blank  ? 

13.  What  is  a  qualified  indorsement  ? 

14.  Can  indorser  enlarge  his  common  law  liability? 

15.  What  is  a  conditional  indorsement? 

16.  What  is  the  contract  of  the  indorser? 

17.  What  does  an  indorsement  admit? 

18.  What  are  the  indorsee's  rights? 

19.  What  is  his  remedy  if  the  party  transferring  to  him  has 

omitted  to  indorse  ? 

20.  What  if  a  bill  comes  back  to  the  first  indorser? 

21.  How  if  indorsee  have  notice  of  a  trust? 

22.  How  in  case  of  restrictive  indorsement? 

23.  What  are  the  rights  of  transferee  by  delivery  ? 

24.  To  what  kind  of  defence  is  the  holder  of  overdue  paper  sub- 

ject? 

25.  What  is  the  difference  between  taking  an  overdue  acceptance 

and  taking  a  bill  not  accepted,  without  notice  ? 

26.  When  will  a  note  or  bill  be  presumed  to  have  been  trans- 

ferred ? 

27.  When  is  a  bank  check  overdue? 

28.  When  a  note  payable  on  demand? 

29.  If  a  note  be  paid  liefore  due  and  circulated  again,  is  it  good 

in  the  hands  of  the  indorsee  ? 
80.  How  if  paid  at  maturity  ? 
31.  How  if  a  stranger  pays  a  note  in  bank  at  maturity  ? 


167 

32.  If  a  bill  be  partially  paid  at  maturity,  what  is  the  conse- 

quence to  a  new  taker  ? 

33.  How  if  it  comes  back  to  the  acceptor  and  is  reissued  by  him  ? 

34.  Can  it  be  indorsed  for  less  than  the  whole  amount  due  ? 

35.  What  wouhl  be  the  effect  of  sucli  an  indorsement  ? 

36.  How  must  an  indorsement  be  maile  after  deatli.  b;inkru]->tey, 

or  marriage  ? 

37.  How  does  a  pledge  of  bills,  etc.,  di filer  from  a  ])ledge  of  other 

things  ? 

38.  Are  notes,  etc.,  the  subject  of  larceny  ? 

39.  Could  they  be  taken  in  execution  ? 

40.  Are  they  the  subject  of  donatio  mortis  causa  ? 

Chapter  12. 

41.  What  is  the  difference  between  bills  and  notes,  as  to  present- 

ment for  accei)tance  ? 

42.  When  may  a  bill  be  presented  for  acceptance  ? 

43.  How  of  bills  paj^able  so  long  after  sight  ? 

44.  How  of  promissory  notes  so  payable  ? 

45.  In  what  cases  must  a  holder  ])resent  for  acceptance  a  time 

bill  ? 

46.  ]VIien  must  a  sight  bill  be  presented  ? 

47.  U^iea  a  time  l)ill  ? 

48.  Where  r 

49.  What  if  drawee  is  incompetent,  dead,  biiidcrupt,  or  absconded? 


BYLES   ON    1^.  I  I.LS. 
Chapters  13,  14,  amj  15. 

1.  What  is  an  acceptance? 

2.  H:iH  payee  any  right  of  nctiou  .■lL^•lill;-l  drawee  before  aeeept- 

ane.e  ? 

3.  When  an  acceptance  is  payable  at  a  banker's  what  is  the 

latter's  dutv  ? 


168 

4.  What  if  the  bill  omit  the  name  of  drawee  and  some  one  ac- 

cepts ? 

5.  If  he  is  named,  can  any  one  else  accept? 

6.  What  if  another  writes  his  name  under  ? 

7.  Can  there  be  a  blank  acceptance  ? 

8.  Under  what  circumstance  can  there  be  an  acceptance  of  a 

non-existing  bill  ? 

9.  Does  this  apply  to  sight  bills?     Why? 

10.  Was  a  verbal  acceptance  good  ? 

11.  What  kind  of  bills  were  considered  accepted  as  soon  as 

drawn  ? 

12.  What  of  acceptance  after  maturity? 

13.  When  will  an  acceptance  be  presumed  to  have  been  made? 

14.  What  form  is  a  sufficient  acceptance? 

15.  Is  mere  detention  an  acceptance? 

16.  Is  a  holder  bound  to  receive  a  verbal  acceptance  ? 

17.  Or  a  conditional  one? 

18.  What  must  he  do  if  he  takes  a  conditional  acceptance? 

19.  Can  the  condition  be  shown  by  parol  ? 

20.  What  if  an  acceptance  vary  from  the  bill  ? 

21.  What  of  an  acceptance  payable  at  a  particular  place? 

22.  After  acceptance,  what  is  acceptor's  relation  to  other  parties  ? 

23.  What  distinction  is  there  as  to  releases,  between  commercial 

paper  and  other  contracts? 

24.  How  of  taking  other  security,  as  the  separate  note  of  one 

partner  ? 

25.  What  does  acceptance  admit  ? 

26.  How,  if  drawn  payable  to  drawer's  order,  as  to  his  indorse- 

ment? 

27.  How,  ordinarily,  is  a  demand  to  be  made  for  payment? 

28.  Must  it  be  personal  ? 

29.  At  what  place  must  it  be  ? 

30.  How,  if  made  payable  at  a  particular  bank,  as  to  acceptor 

or  maker  and  as  to  drawer  or  indorser? 

31.  How  in  case  of  bankruptcy,  death,  or  removal  ? 

32.  How  as  to  guarantors  ? 


169 

33.  When  a  bill  is  made  payable  so  many  days  after  date,  is  the 

day  of  date  excluded  ? 

34.  What  does  "  month  "  mean  ? 

35.  What  are  days  of  grace  ? 

36.  On  what  day  is  payment  to  be  demanded  ? 

37.  How  in  case  of  holidays  intervening  V 

38.  Bills  on  demand  and  checks  are  to  be  demanded  when? 

39.  Promissory  notes  on  demand? 

40.  Bank  notes  ? 

41.  How  when  both  pass  through  several  hands? 

42.  At  what  time  of  day  should  a  demand  be  made? 

43.  How  if  th»'  bank  where  the  note  is  payable  is  the  holder? 

44.  What  circumstances  will  excuse  want  of  presentment  for 

payment  ? 

45.  How  if  drawer  has  no  funds  in  drawee's  hands? 

46.  How  if  he  have  a  right  to  expect  payment? 

47.  How  of  acceptance  for  acconniiodation  of  any  of  the  parties? 

48.  How  of  waiver  of  the  laches  ? 

49.  How  if  a  party  has  received  security  or  indemnity  against 

loss  ? 

50.  Will  knowledge  by  drawer  of  acceptor's  inability  to  pay 

excuse  ? 

51.  Who  is  entitled  to  receive  payment? 

52.  Wliat  would  be  a  payment  out  of  the  usual  course  of  busi- 

ness? 

53.  If  a  note  is  payable  to  order,  wliat  of  payment  to   hoKk^- 

through  a  forged  indorsement? 

54.  What  payment  will  discharge  a  note  V 

55.  Wliat  is  the  effect  of  part  payment  by  a  drawee  to  the  holder? 
50.  What  of  payment  by  a  stranger? 

57.  Wliat  is  the  effect  of  payment  at  maturity  ? 

58.  Before  maturity  ? 

59.  On  payment,  what  is  maker's  right  to  possension  of  note? 

60.  Indorser's? 

61.  How  if  acceptor's  check  \>r  taken  and  not  paid? 

62.  How  should  payment  be  made? 


170 

63.  Will  a  legacy  of  debtor  to  holder  be  a  payment? 

64.  What  rights  does  payment  by  drawer  or  indorser  give  him  ? 


BYLES    ON    BILLS. 

Chapters  16  to  22  inclusive. 

1.  What  was  the  common  law  rule  as  to  release  or  satisfaction 

of  contracts? 

2.  What  is  the  presumption  when  a  negotiable  note  is  taken 

for  a  debt  ? 

3.  What  is  the  effect  of  taking  a  higher  security  ? 

4.  Does  recovery  of  judgment  against  one  affect  the  recourse 

against  the  others  ? 

5.  What  is  the  effect  of  taking  a  note  or  bill  on  account  of  pre- 

vious debt? 

6.  Is  a  covenant  not  to  sue  pleadable  as  a  release  ? 

7.  How  if  it  is  not  to  sue  for  limited  time  ? 

8.  How  as  to  such  covenant  to  one  of  joint  debtors  ? 

9.  Who  are  principals  and  who  sureties  on  commercial  paper  ? 

10.  What  is  the  effect  of  release  to  principal? 

11.  What  on  prior  parties  of  release  to  subsequent  ones  ? 

12.  What  kind  of  agreement  of  forbearance  with  principal  will 

discharge  the  surety  ? 

13.  How  if  judgment  is  to  be  entered  in  case  of  default? 

14.  How  if  the  agreement  is  void  under  the  Statute  of  Frauds  ? 

15.  What  is  the  effect  of  tender  after  maturity  ? 

16.  What  difference  between   release  to  one  of  several  joint 

promisors  and  to  principal  ? 

17.  What  of  surrender  or  loss  of  collaterals  by  holder? 

18.  What  if  holder  release  maker's  person  or  goods  taken  in 

execution  ? 

19.  What  effect  has  discharge  in  bankruptcy  of  maker  ? 

29.  What  if  bill  be  given  up  for  a  new  one  of  drawee  taken 
before  acceptance  ? 


171 

21.  When  will  giving  time  to  acceptor  not  discliarge  the  other 

parties? 

22.  When  will  discharge  of  surety  discharge  principal  ? 

23.  Are  successive  indorsers  co-sureties  entitled  to  contribution 

from  each  other? 

24.  How  as  to  joint  drawers  or  indorsers  ? 

25.  On  refusal  of  acceptance,  what  i?  tlio  holder's  next  duty? 

26.  What  is  a  protest  ? 

27.  By  wliora  is  it  to  be  drawn  up? 

28.  What  paper  must  be  protested  ? 

29.  In  the  absence  of  a  notary,  by  whom  ? 

30.  When  must  protest  be  made  ? 

31.  What  is  protest  ./'or  better  security  ? 

32.  What  excuses  omission  to  protest  ? 

33.  W^hatnot? 

34.  Is  protest  of  inland  bills  or  notes  evidence  of  dishonor? 

35.  What  is  an  acceptance  sxijira  protest  f 

36.  Can  more  than  one  accept  supra  protest  ? 

37.  Can  drawee  after  refusing  to  accept,  accept  supra  protest? 

38.  Is  holder  obliged  to  take  acceptance  supra  i)rotest? 

39.  What  if  he  does  ? 

40.  To  whom  is  acceptor  for  honor   liouiul,  and  against  whom 

may  he  have  recourse? 

41.  What  does  his  acceptance  admit  ? 

42.  What  is  ])ayment  for  honor  ? 

43.  How  is  it  done? 

44.  What  rights  does  it  give  the  ])arty  ? 

45.  What  is  tilt'  difffreiu'c  bctwr-cn  giiarantitr  and  iridurser  as  to 

notice? 

46.  Is  knowledge  by  a  party  sufficient  without  formal  notice? 

47.  What  must  the  notioe  contain  ? 

48.  .Must  it  be  in  writing? 

49.  How  must  noticj;  be  Kent  to  iion-residcnf  parties  ? 

50.  What  })roofs  of  iiotier-  may  In-  given? 

51.  How  must  it  in-  iiddrtssrd  to  a  pf-rsiin  in  a  large  town  ? 

52.  How  where  th»'  party  resides  in  the  country? 

53.  Can  it  be  sent  by  private  meBsenger? 


172 

54.  If  indorser  lives  in  the  same  town  where  the  bill  is  payable, 

where  and  how  must  notice  be  sent? 

55.  If  a  party  direct  a  notice  to  be  sent  to  a  place  distant  from 

his  home,  how? 

56.  When  must  it  be  given  in  the  same  town  ? 

57.  How,  if  sent  to  another  town  ? 

58.  What  right  has  each  indorser,  receiving  notice  ? 

59.  How  of  a  bank  holding  for  collection? 

60.  By  whom  must  notice  be  given? 

61.  How  if  a  party  has  been  discharged? 

62.  If  one  indorser  give  notice  can  the  holder  avail  himself  of  it  ? 

63.  What  is  the  duty  of  a  creditor  holding  as  collateral  ? 

64.  To  whom  should  notice  be  given  ? 

65.  What  is  the  effect  of  notifying  one  and  his  notifying  the 

next,  etc.  ? 

66.  What  if  one  in  the  line  fails? 

67.  Can  extra  diligence  of  one  make  up  for  the  fault  of  others  ? 

68.  In  case  of  bankruptcy  or  death,  how  is  notice  to  be  given  ? 

69.  How  as  to  partners  ? 

70.  How  as  to  joint  indorsers,  not  partners  ? 

71.  Is  one  transferring  by  delivery  entitled  to  notice  ? 

72.  What  difference  is  there  between  transfer  in  payment  of  pre- 

vious debt  and  transfer  in  payment  for  goods  ? 

73.  Is  guarantor  entitled  to  notice? 

74.  If  indorser  binds  himself  by  bond,  will  his  discharge  on  the 

note  discharge  the  bond  ? 

75.  What  is  the  consequence  of  omission  to  notify  drawer  and 

indorsers  ? 

76.  Is  the  indorser,  not  notified,  discharged   from  the  original 

consideration  ? 

77.  Can  one  of  several  so  discharged  .pay  the  bill  and  sue  the 

others  ? 

78.  What  will  excuse  want  of  notice  to  drawer? 

79.  When  will  absence  of  funds  in   drawer's  hands  not  be  an 

excuse  ? 

80.  Does  it  dispense  with  notice  to  indorsers  ? 


173 

81.  How  of  a  shifting  balance  in  accounts  between  drawer  and 

drawee? 

82.  How  is  the  holder's  laches  waived  ? 

83.  What  is  necessary  to  make  the  waiver  good  ? 

84.  What  of  his  legal  ignorance  ? 


BYLES  ON   BILLS. 

Chapters  28  to  33  inclusive. 

1.  Does  a   tinder  acquire  property  in  a  lost  bill  payable  to 

bearer  ? 

2.  How  of  bona  fide  taker  from  him? 

3.  Does  loss  dispense  with  demand,  etc.? 

4.  If  a  note  be  in  defendant's  hands,  what  is  plaintiff's  course? 

5.  Can  recovery  be  on  a  lost  bill  or  note,  and  what  difference 

l)etween  negotiable  and  non-negotiable? 

6.  Wluit  difference  l)etween  maker  and  indorser? 

7.  What  is  the  relief  given  in  equity? 

9,.  What  is  the  eflcct  of  taking  a  note  on  account  of  an  exist- 
ing debt? 
9.  How  if  taken  at  the  time  for  goods  sold  ? 

10.  What  eflect  if  the  note  is  taken  only  as  collateral? 

11.  What  is  a  creditor's  duty  who  tiikes  the  note  or  bill   of  a 

third  i)erson? 

12.  What  if  he  fails  to  i)resent  and  notify? 

1?>.  What  if  h(!  i)asses  off  the  jiaper  to  a  thin!  [.crson? 

1  1.    How  are  sealed  instruments  alfected  by  taking  note  or  bill  ? 

lo.   In  what  case  will  a  new  note  lie  presumed  a  satisfaction  of 

a  prior  debt? 
ir>.  What  is  the  eH'ect  of  taking  a  note,  on  a  lien  ? 

17.  What  if  the  note  be  dishonored? 

18.  What  is  the  object  of  sets  of  foreign  hills? 

19.  What  is  the  condition  on  which  each  is  payable? 
29.  On  transfer,  what  must  each  indorsee  do? 


174 

21.  What  is  the  effect  of  paying  one? 

22.  How  if  they  get  into  different  innocent  persons'  hands? 

23.  By  what  hiw  are  the  contracts  of  the  different  parties  to  com- 

mercial paper  governed  ? 

24.  Where  does  the  drawer  and  where  the  indorser  promise  to 

pay? 

25.  What  law  determines  whether  protest  and  notice  shall  be 

necessary  and  as  to  the  form? 

26.  By  what  law  is  the  question  of  grace  determined? 

27.  Interest? 

28.  Stamps? 

29.  Limitations? 

30.  Set-off? 

31.  Who  is  entitled  to  sue  on  a  bill  ? 

32.  What  if  plaintiff  transfer  before  or  after  action  brought? 

33.  Whom  may  the  holder  sue  ? 

34.  The  indorser  who  pays  him? 

35.  Can  an  indorser  sue  intermediate  parties  in  name  of  last  in- 

dorsee, on  payment  to  him  ? 

36.  How  of  costs  against  acceptor  ? 

37.  In  trover  for  a  bill  what  does  plaintiff  recover  ? 

38.  How  if  the  bill  is  surrendered  ? 

39.  If  judgment  is  paid,  what  becomes  of  the  note? 

40.  W^hat  is  re-exchange  and  the  right  of  the  holder  in  regard 

to  it? 

41.  Against  whom  has  he  this  right  ? 

42.  What  is  the  legal  par  of  exchange? 

43.  What  is  the  real  rate  of  exchange  ? 


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